^■s :\: <\,:i 



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Book ^-5^ 

OFFICIAL DOIf AXIOM. 



Ike 
Annotated School 



L 



a^vs 



OF THE 

State of Colorado Lctw^Vo. 

AS AMENDED TO DATE 

1907 




1907 

THE SMITH-BROOKS COMPANY, STATE PRINTERS 

DENVER. COLORADO 






^HIV l2iBm 



^' Or D. 



NOTE 

This book contains the complete school law of the state of 
Colorado, revised to date, and all of the provisions of the enabling 
act and constitution of the state pertaining to public schools. 

On account of the numerous revisions of the school law, the 

repeal of several of the original acts comprising the same and the 

enactment of others, and the difficulty experienced by many in 

applying the decisions of this office to the particular provisions 

of the law under consideration, I have deemed it advisable in 

this edition to continue the arrangement of the sections under 

appropriate headings, and to classify and i)lace the decisions in 

reference thereto under each section. 

KATKERINE L. CRAIG, 

Svperintendent of Public Instruction. 

Denver, Colorado, 

July 1, 1907. 



Provisions of the Enabling Act 

and 

Constitution of the State of Colorado 

Pertaining to Public Schools 



THE ENABLING ACT. 



7. Lands for schools. 

The sections numbered sixteen and thirty-six in every town- 
ship, and where such sections have been sold or otherwise dis- 
posed of by any act of congress, other lands equivalent thereto 
in legal subdivisions of not more than one quarter-section, and 
as contiguous as may be, are hereby granted to said state for the 
support of common schools. 



10. Seventy-two sections for university. 

That, seventy-two other sections of land shall be set apart 
and reserved for the use and support of a state university, to be 
selected and approved in manner as aforesaid, and to be appro- 
priated and applied as the legislature of said state may prescribe 
for the purjjose named and for no other purpose. 



14. Scinooi lands — how sold — price. 

That the two sections of land in each township herein 
granted for the support of common schools, shall be disposed 
of only at public sale, and at a price not less than two dollars 
and fifty cents per acre, the proceeds to constitute a permanent 
school fund, the interest of which is to be expended in the sup- 
port of common schools. 

15. Mineral lands excepted. 

That all mineral lands shall be excepted from the operation 
and grants of this act. 

NOTE' — This section should be construed in conncetion with section 7. 
supra, in that if sections 16 or 3ij in any township' are mineral in character, 
other sections are selected by the state in lieu thereof, and when any lands 
are selected in lieu of sections 16 and 36. or portions thereof, such selected land 
is known as "Indemnity Land." 



CONSTITUTION. 



ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

1. Term of office — residence — duties — seat of government. 

The executive department shall consist of a governor, 
lieutenant-governor, secretary of state, auditor of state, state 
treasurer, attorney-general, and superintendent of public instruc- 
tion, each of whom shall hold his office for the term of two 
years, beginning on the second Tuesday of January next after 
ijis election; Provided, that the terms of office of those chosen at 
the first election held under this constitution shall begin on the 
day appointed for the first meeting of the general assembly. 
The officers of the executive department, except the lieutenimt- 
governor, shall, during their term of office, reside at the seat of 
government, where they shall keep the public records, books a]id 
papers. They shall perform such duties as are prescribed by 
this constitution or bv law. 



3. state officers — election — returns — canvass — contests. 

The officers named in section one of this article shall be 
chosen on the day of the general election, by the quali6ed 
electors of the state. The returns of every election for said 
officers shall be sealed up and transmitted to the secretary of 
state, directed to the speaker of the house of representatives, 
who shall immediately, upon the organization of the house, and 
before proceeding to other business, open and publish the same 
in the presence of a majority of the members of both houses of 
the general assembly, who shall, for that purpose, assemble in 
the house of representatives. The person having the highest 
number of votes for either of said offices shall be declared duly 
elected, but if two or more have an equal and the highest number 
of votes for the same office, one of them shall be chosen thereto 
by the two houses, on joint ballot. Contested elections for said 
offices shall be determined by the two houses, on joint ballot, in 
such manner as may be prescribed by law. 

4. Eligibility — first election — thereafter — age — residence. 

No person shall be eligible to the office of governor, lieutenant- 
governor, or superintendent of public instruction, unless he shall 



§§6-8-16-17 CONSTITUTION. Art. iv 

have attained the age of thirty years. * * * At the first 
election under this constitution, any person being a qualified 
elector at the time of the adoption of this constitution, and 
having the qualifications above herein prescribed for any one of 
said offices, shall be eligible thereto; but thereafter no person 
shall be eligible to any one of said offices, unless, in addition to 
the qualifications above prescribed therefor, he shall be a citizen 
of the United States, and have resided within the limits of the 
state two years next preceding his election. 



6. Governor appoint officers — vacancy — election — senate confirms. 

* * * If the office of auditor of state, state treasurer, 
secretary of state, attorney-general, or superintendent of public 
instruction, shall be vacated by death, resignation or otherwise, 
it shall be the duty of the governor to fill the same by appoint- 
ment, and the appointee shall hold his office until his successor 
shall be elected and qualified in such manner as may be provided 
by law. * * * 



8. Governor demands information from officers. 

The governor may require information in writing from the 
officers of the executive department upon any subject relating 
to the duties of their respective offices, which information shall 
be given upon oath whenever so required; he may also require 
information in writing at any time, under oath, from all officers 
and managers of state institutions, upon any subject relating 
to the condition, management and expenses of their respective 
offices and institutions. * * * 



16. Officers keep account of moneys — semi-annual reports. 

An account shall be kept by the officers of the executive 
department and of all public institutions of the state, of all 
moneys received by them severally from all sources, and for 
every service performed, and of all moneys disbursed by them 
severally, and a semi-annual report thereof shall be made to the 
governor, under oath. 

17. Officers executive department — biennial report — governor transmit. 

The officers of the executive department, and of all public in- 
stitutions of the state, shall, at least twenty days preceding each 
regular session of the general assembly, make full and complete 
reports of their actions to the governor, who shall transmit the 
same to the general assembly. 



Arts, iv-vii CONSTITUTION. §§19-20-1-2 

19. Officers receive salary — fees paid into treasury. 

The officers named in section 1 of this article shall receive 
lor their services a salary to be established by law, which shall 
not be increased or diminished during their official terms. It 
shall be the duty of all such officers to collect in advance all fees 
prescribed by law for services rendered by them severally, and 
pay the same into the state treasury. 

20. Superintendent of public instruction, ex officio librarian. 

The superintendent of public instruction shall be ex officio 
state librarian. 



ARTICLE VII. 
SUFFRAGE AND ELECTIONS. 

1. Citizenship. 

Every person over the age of twenty-one years, possessing 
the following qualifications, shall be entitled to vote at all 
elections: He or she shall be a citizen of the United States, and 
shall have resided in the state twelve months immediately pre- 
ceding the election at which he offers to vote, and in the county, 
city, town, ward or precinct, such time as may be prescribed by 
law. 

NOTE— Section 96 provides, in addition to above, that such person shall 
reside in this state one year, immediately preceding the election at which he 
offers to vote; in the county, ninety days; in the city or town, thirty days; and 
in the ward or precinct, ten days; and section 93 provides that to vote at school 
election, the elector must live in the school district thirty days. 

Wife of alien when naturalized. 

1. The wife of an alien liecomes naturalized upon the naturalization 
of her husband, and is a citizen, as the term is used in the school law. 

2. A foreign woman who marries a citizen of the United States 
becomes herself a citizen, and in Colorado becomes a qualified elector. 

2. Universal suffrage. 

The general assembly shall, at the first session thereof, and 
may at any subsequent session, enact laws to extend the right 
of suffrage to women of lawful age, and otherwise qualified 
according to the provisions of this article. No such enactment 
shall be of effect until submitted to the vote of the qualiflea 
electors at a general election, nor unless the same be approved 
by a majority of those voting thereon. 



§§4-5-6-10 CONSTITUTION. Art. vii 

4. Absence in civil or military service. 

For the purpose of voting and eligibilitj^ to office, no person 
shall be deemed to have gained a residence by reason of his 
presence, or lost it by reason of his absence, while in the civil 
or military service of the state, or of the United States, nor 
while a student at any institution of learning, nor while kept at 
public expense in any poorhouse or other asylum, nor while con- 
iined in public prison. 

5. Privilege of voters. 

Voters shall in all cases, except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning therefrom. 

6. Electors only eligible to office. 

No person except a qualified elector shall be elected or ap- 
pointed to any civil or military office in the state. 

Qualification of elector. 

1. In addition to other qualifications, a person to be eligible to the 
office of county superintendent must have resided in the county at least 
one year preceding his election. 

2. The length of residence required in Colorado to constitute eligi- 
bility to the office of school director is twelve months. 

3. The fact that two members of a ochool board are of one family, 
and the further fact that another member became a resident of the 
district for the sole purpose of becoming an officer, so long as he is an 
actual resident, would not affect the regularity of the organization of the 
board. 

4. There is nothing in the laws of Colorado to prevent a person who 
fills the office of district judge from also filling that "of school director, 
the two offices belonging to an entirely different class. 

5. The fact that an elector is not a taxpayer does not disqualify 
him from holding office, either by election or by appointment. 



10. Prisoners disqualified — restoration — pardon or full service. 

No person while confined in any public prison shall be 
entitled to vote; but every such person who was a qualified 
elector prior to such imprisonment, and who is released there- 
from by virtue of a pardon, or by virtue of having served out 
his full term of imprisonment, shall, without further action, be 
invested with all the rights of citizenship, except as otherwise 
provided in this constitution. 



10 



Arts, viii-ix CONSTITUTION. §§1-5-1 

ARTICLE VIII. 
STATE INSTITUTIONS. 

1. Charitable institutions established. 

Educational, reformatory and penal institutions, and those 
for the benefit of the insane, blind, deaf and mute, and such other 
institutions as the public good may require, shall be established 
and supported by the state, in such manner as may be prescribed 
by law. 



5. Territorial institutions become state — transfer. 

The following territorial institutions, to-wit : The Uni- 
versity at Boulder, the Agricultural College at Fort Collins, the 
School of Mines at Golden, the Institute for the Education of 
Mutes at Colorado Springs, shall, upon the adoption of this con- 
stitution, become institutions of the state of Colorado, and the 
management thereof subject to the control of the state, under 
such laws and regulations as the general assembly shall provide; 
and the location of said institutions, as well as all gifts, grants 
and appropriations of money and property, real and personal, 
heretofore made to said several institutions, are hereby confirmed 
to the use and benefit of the same respectively; Provided, This 
section shall not apply to any institution, the property, real or 
personal, of which is now vested in the trustees thereof, until 
such proj)erty be transferred by proper conveyance, together with 
the control thereof, to the officers provided for the management 
of said institution bv this constitution, or bv law. 



ARTICLE IX. 
EDUCATION. 

1. Board of education — members — president. 

The general supervision of the public schools of the state 
shall be vested in a board of education, whose powers and duties 
shall be prescribed by law; the superintendent of public instruc- 
tion, the secretary of state and attorney-general shall constitute 
the board, of which the sujierintendent of public instruction shall 
be president. 

NOTE — Superintendent of public instruction an officer of executive 
department. Art. IV, Sec. 1. 

2. Qualifications of supe>'intendent. Art. IV, Sec. 4. 

3. Ex officio state librarian. Art. IV, S^c. 20. 

11 



§§2-3-4-5 CONSTITUTION. Art. ix 

2. Free schools — one in each district — three months. 

The general assembly shall, as soon as practicable, provide 
for the establishment and maintenance of a thorough and uniform 
system of free public schools throughout the state, wherein all 
residents of the state between the ages of six and twenty-one years 
may be educated gratuitously. One or more public schools shall 
be maintained in each school district within the state, at least 
three months in each year ; any school district failing to have 
such school shall not be entitled to receive any portion of the 
school fund for that year. 



3. School fund inviolate — state treasurer custodian. 

The public school fund of the state shall forever remain 
inviolate and intact; the interest thereon shall only be ex- 
pended in the maintenance of the schools of the state, and shall 
be distributed amongst the several counties and school districts 
of the state, in such manner as may be prescribed by law. No 
part of this fund, principal or interest, shall ever be transferred 
to any other fund, or used or appropriated except as herein pro- 
vided. The state treasurer shall be the custodian of this fund, 
and the same shall be securelj' and profitably invested as may be 
by law directed. The state shall supply all losses thereof that 
may in any manner occur. 

4. County treasurer collect and disburse — warrants. 

Each county treasurer shall collect all school funds belong- 
ing to his county, and the several school districts therein, and 
disburse the same to the proper districts upon warrants drawn 
by the county superintendent or by the proper district authorities, 
as may be provided by law. 

5. School fund — of what consists. 

The public school fund of the state shall consist of the pro- 
ceeds of such lands as have heretofore been, or may hereafter be, 
granted to the state by the general government for educational 
purposes; all estates that may escheat to the state; also all other 
grants, gifts or devises that may be made to this state for educa- 
tional purposes. 

When land wotild escheat to the state and become part of the school fund. 

1. If a person dies intestate and has no heirs, if he has lands and 
owes no debts, or if there is sufficient other property to pay debts so 
as to have the land intact, upon proper procedure in coyrt to determine 
the fact that there are no heirs, then the land would escheat to the state 
and become part of the school land or fund. In case any funds remain 
in the hands of an administrator after debts are paid, and there are no 
heirs, the money goes into the county treasury subject to the call of any 
heirs who may appear. 

12 



Art. ix CONSTITUTION. §§6-7-8 

6. County superintendent — commissioner of lands. 

There shall be a county superintendent of schools in each 
count}', whose term of office shall be two years, and whose duties, 
qualifications and compensation shall be prescribed by law. He 
shall be ex officio commissioner of lands within his county, and 
shall discharge the duties of said office under the direction of the 
state board of land commissioners, as directed by law. 



7. Aid to sectarian schools, churches forbidden. 

Neither the general assembly, nor any county, city, town, 
township, school district, or other public corporation, shall 
ever make any appropriation, or pay from any public fund or 
moneys whatever, anything in aid of any church or sectarian 
society, or for any sectarian purpose, or to help support or sus- 
tain any school, academy, seminary, college, university or other 
literary or scientific institution, controlled by any church or sec- 
tarian denomination whatsoever; nor shall any grant or dona- 
tion of land, monc\y, or other personal property, ever be made 
by the state, or any such public corporation, to any church, or 
for any sectarian purpose. 

ProMMtion of the use of puhlic school money for the teaching of sectarian 

doctrines. 

1. The constitution of Colorado prohibits the use of public school 
money for the teaching of sectarian tenets or doctrines. It is therefore 
unlawful for a board of directors to require a teacher to devote any part 
of any school day to religious instruction. 



8. Religious test forbidden-;— sectarian tenets — race, color. 

No religious test or qualification shall ever be required of 
any person as a condition of admission into any public educa- 
tional institution of the state, either as teacher or student; and 
no teacher or student of any such institution shall ever be re- 
quired to attend or participate in any religious service whatever. 
No sectarian tenets or doctrines shall ever be taught in the public 
schools, nor shall any distinction or classification of pupils be 
made on account of race or color. 

NOTE— See section 198. 

Directors determine use of Bible in schools. 

1. Neither the constitution of the state nor the statutes touch 
directly the reading of the Bible or prayer or any other form of religious 
or devotional exercises, except to forbid that observance or participation 
shall be compulsory. The spirit of the constitution permits religious 
exercises in school if nothing sectarian is introduced and the trustees do 
not object. The laws of the different states bearing on this point differ. 
In Iowa "neither the electors, the board of directors nor the sub-directors 
can exclude the Bible from any school in the state." In Missouri, on the 
other hand, "the directors may compel the reading of the Bible." In 

13 



§§9-10-11 CONSTITUTION. Art. ix 

Dakota "the Bible may be read in school not to exceed ten minutes daily 
without sectarian comment." In 1869 the Cincinnati board of education 
forbade the reading of the Bible in the public schools of that city An 
appeal was taken to the courts, and in 1870 the superior court of Cin- 
cinnati decided against the board of education. In 1873 the supreme 
court of Ohio reversed this judgment and sustained the board of educa- 
tion. In delivering their opinion the judges "held that the management 
of the public schools being under the exclusive control of directors, 
trustees and boards of education," it rested with them solely to determine 
"what instruction should be given and what books should be read therein." 
2. The law of Colorado does not specify concerning the reading of 
the Bible in the public schools, the school boards of the state having 
the right to specify as to what shall be the practice in the matter. 

9. Board of land commissioners — members — powers. 

The governor, superintendent of public instruction, secretary 
of state and attorney-general shall constitute the state board of 
land commissioners, who shall have the direction, control and dis- 
position of the public lands of the state, under such regulations 
as may be prescribed by law. 

NOTE— As to who constitutes board of land commissioners, see L. '05, page 
319, section 1; R. S. L., section 162. 



10. Public lands — location — sale — disposal. 

It shall be the duty of the state board of land commissioners 
to provide for the location, protection, sale or other disposition of 
all the lands heretofore, or which may hereafter, be granted to 
the state by the general government, under such regulations as 
may be prescribed by law; and in such manner as will secure the 
maximum possible amount therefor. No law shall ever be passed 
by the general assembly granting any privileges to persons who 
may have settled upon any such public lands subseqiient to the 
survey thereof by the general government, by which the amount 
to be derived by the sale, or other disposition, of such lands, shall 
be diminished, directly or indirectly. The general assembly shall, 
at the earliest practicable period, provide by law that the several 
grants of land made by congress to the state shall be judiciously 
located and carefully preserved and held in trust, subject to dis- 
posal, for the use and benefit of the respective objects for which 
said grants of land were made; and the general assembly shall 
provide for the sale of said lands from time to time; and for the 
faithful application of the proceeds thereof in accordance with 
the terms of said grant. 



11. Compulsory education. 

The general assembly may require, by law, that every child 
of suflflcient mental and physical ability, shall attend the public 
school, during the period between the ages of six and eighteen 

14 



Art. ix CONSTITUTION. §§12-13-14-15-16 

years, for a time equivalent to three years, unless educated by 
other means. 

NOTE— See Kindergarten Act, section 147. 

12. University — regents — election. 

There shall be elected by the qualified electors of the 
state, at the first general election under this constitution, six 
regents of the university, who shall immediately after their elec- 
tion be so classified, by lot, that two shall hold their office for 
the term of two years, two for four years, and two for six years ; 
and every two years after the first election there shall be elected 
two regents of the university, whose term of ofiice shall be six 
years. The regents thus elected, and their successors, shall con- 
stitute a body corporate, to be known by the name and style of 
'The Regents of the Tniiversity of C'olorado." 

NOTE— The regents are a body corporate. [M. A. S., 4587.] 

13. Regents elect president — powers. 

The regents of the university shall, at their first meeting, or 
as soon thereafter as practicable, elect a president of the univer- 
sity, who shall hold his office until removed by the board of 
regents for cause; he shall be e.r officio a member of the board, 
with the privilege of speaking, but not of voting, except in cases 
of a tie; he shall preside at the meetings of the board, and be the 
principal executive officer of the university, and a member of the 
facultv thereof. 



14. Regents control university — funds. 

The board of regents shall have the general supervision of 
the university, and the exclusive control and direction of all 
funds of, and appropriations to the university. 



15. School districts — board of education. 

The general assembly shall, by law, provide for organization 
of school districts of convenient size, in each of which shall be 
established a board of education, to consist of three or more 
directors, to be elected by the qualified electors of the district. 
Said directors shall have control of instruction in the public 
schools of their respective districts. 

16. Text books — general assembly nor board shall prescribe. 

Neither the general assembly nor the state board of education 
shall have power to prescribe iext books to be used in the public 
schools. 

15 



§§5-10-13-1 CONSTITUTION. Arts, x-xi 

ARTICLE X. 
REVENUE. 



5. Exemption — lots — buildings for worsiiip — scliools. 

Lots, with the buildings thereon, if said buildings are used 
solely and exclusively for religious worship, for schools, or for 
strictly charitable purposes, also cemeteries not used or held for 
private or corporate profit, shall be exempt from taxation, unless 
otherwise provided by general law. 

Church property not taxable — when. 

1. In case a district rents a class room from one of the churches 
of a town for school purposes, such renting would not make the church 
property taxable. 



10. Corporations subject to tax. 

All corporations in the state, or doing business therein, shall 
be subject to taxation for state, county, school, municipal and 
other purposes, on the real and personal property owned or used 
by them within the territorial limits of the authority levying the 
tax. 



13. Making profit on public money felony. 

The making of profit, directly or indirectly, out of state, 
county, city, town or school district money, or using the same for 
any purpose not authorized by law, by any public officer, shall 
be deemed a felony, and shall be punished as provided by law. 

School board can not loan district money. 
1. A school board can not legally loan the money of the district. 



ARTICLE XI. 

PUBLIC INDEBTEDNESS. 

1. Lending or pledging credit of state, county, city, etc., forbidden. 

Neither the state, nor any county, city, town, township or 
school district, shall lend or pledge the credit or faith thereof, 
directly or indirectly, in any manner to or in aid of, any person, 

16 



Art. xi CONSTITUTION. §§2-7-9 

company or corporation, public or private, for any amount or for 
any purpose whatever, or become responsible for any debt, con- 
tract or liability of any person, company or corporation, public 
or private, in or out of the state. 

2. Aid to corporations — interest in — by state, county, city — joint owner- 
ship. 

Neither the state nor any county, city, town, township or 
school district shall make any donation or grant to, or in aid of, 
or become a subscriber to, or shareholder in, any corporation or 
company, or a joint owner with any person, company or corpora- 
tion, public or private, in or out of the state, except as to such 
ownership as may accrue to the state by escheat or by forfeiture, 
by operation or provision of law; and except as to such owner- 
ship as may accrue to the state, or to any county, city, town, 
township or school district, or to either or any of them, jointly 
with any person, company or corporation, by forfeiture or sale 
of real estate for non-payment of taxes, or by donation or devise 
for public use, or by purchase by or on behalf of any or either 
of them, jointly with any or either of them, under execution in 
cases of fines, penalties or forfeiture of recognizance, breach of 
condition of official bond, or of bond to secure public moneys, 
or the performance of any contract in which they or any of 
them may be jointly or severally interested. 



7. Loans for school buildings — vote — qualification. 

No debt by loan in any form shall be contracted by any 
school district for the purpose of erecting and furnishing school 
buildings, or purchasing grounds, unless the proposition to 
create such debt shall first be submitted to such qualified elec- 
tors of the district as shall have paid a school tax therein, in 
the year next preceding such election, and a majority of those 
voting thereon shall vote in favor of incurring such debt. 

Debt incurred must be by a vote of electors. 

1. The constitution of Colorado prohibits the creation of a debt 
by loan for building purposes in any other way than by a vote of the 
electors. While a certificate of indebtedness can not be considered a 
loan, strictly speaking, the courts would probably construe it to be pro- 
hibited by the same constitutional provision when issued to cover a debt 
incurred by building. 



9. This article not affect prior obligations. 

Nothing contained in this article shall be so construed 
as to either impair or add to the obligation of any debt 
heretofore contracted by any county, city, town, or school dis- 

17 



§§4-8-9-10-11 CONSTITUTION. Arts, xi-xii 

trict, in accordance with the laws of Colorado territory, or pre- 
vent the contracting of any debt, or the issuing of bonds there- 
for, in accordance with said laws, upon any proposition for that 
purpose which may have been, according to said laws, submitted 
to a vote of the qualified electors of any county, city, town or 
school district, before the day on which this constitution takes 
effect. 



ARTICLE XII. 

OFFICERS. 

******* 

4. Embezzlement disqjalifies from office. 

No person hereafter convicted of embezzlement of public 
moneys, bribery, perjury, solicitation of bribery, or subornation 
of perjury, shall be eligible to the general assembly, or capable 
of holding any office of trust or profit in this state. 

******* 

8. Civil officers — oath. 

EA^erj^ civil officer, except members of the general assembly 
and such inferior officers as may be by law exempted, shall, 
before he enters upon the duties of his office, take and subscribe 
an oath or affirmation to support the constitution of the United 
States and of the state of Colorado, and to faithfully perform 
the duties of the office upon which he is about to enter. 

9. Oaths, where filed — with whom. 

Officers of the executive department and judges of the su- 
preme and district courts, and district attorneys, shall file their 
oaths of office with the secretary of state; every other officer 
shall file his oath of office with the county clerk of the county 
wherein he shall have been elected. 

10. Refusal to qualify — vacancy. 

If any person elected or appointed to any office shall refuse 
or neglect to qualify therein within the time prescribed by law, 
such office shall be deemed vacant. 

11. Vacancy — term of officer elected to fill. 

The term of office of any officer elected to fill a vacancy shall 
terminate at the expiration of the term during which the va- 
cancy occurred. 

18 



Arts, xii-xiv CONSTITUTION. §§12-1-7-8-9-10 

12, Duel — challenge — disqualifies for office. 

No person who shall hereafter fight a duel, or assist in the 
same as a second, or send, accept or knowingly carry a challeng? 
therefor, or agree to go out of the state to fight a duel, shall 
hold any office in the state. 

ARTICLE XIV. 
COUNTIES. 

1, Former counties, counties of state. 

The several counties of the territory of Colorado, as they 
now exist, are hereby declared to be counties of the state. 



7. Officers' compensation. 

The compensation of all county and precinct officers shall be 
as provided by law. 

8. Clerk and recorder — sheriff, coroner, treasurer, etc. — election. 

There shall be elected in each county at the same time at 
which members of the general assembly are elected, commencing 
in the year nineteen hundred and four, one county clerk, who 
shall be ex officio recorder of deeds and clerk of the board of 
county commissioners; one sheriff; one coroner; one treasurer, 
who shall be collector of taxes; one county superintendent of 
schools; one county surveyor; one county assessor; and one 
county attorney, who may be elected, or appointed, as shall be 
provided by law; and such officers shall be paid such salary or 
compensation, either from the fees, perquisites and emoluments 
of their respective offices, or from the general county fund, as 
may be provided by law. The term of office of all such officials 
that expire in January, 1904, is hereby extended to the second 
Tuesday in January, A. D. 1905. 

9. Vacancies — appointments — governor — county commissioners. 

In case of a vacancy occurring in the office of county com- 
missioner, the governor shall fill the same by appointment; and 
in the case of a vacancy in any other county office, or in any 
precinct office, the board of county commissioners shall fill the 
same by appointment; and the person appointed shall hold the 
office until the next general election, or until the vacancy be 
filled by election according to law. 

10. Elector only eligible. 

No person shall be eligible to any county office unless he be 
a qualified elector; nor unless he shall have resided in the county 
one year preceding his election. 

19 



§15 CONSTITUTION. Art. xiv 

Qualifications to ie eligilile to office. 

1. In addition to other qualifications, a person to be eligible to the 
office of county superintendent must have resided in the county at least 
one year preceding his election. 

Not a taxpayer does not disqualify. 

2. The fact that an elector is not a taxpayer does not disqualify him 
from holding office, either by election or by appointment. 



15. Classifying counties as to fees. 

For the purpose of providing for and regulating the com- 
pensation of county and precinct officers the general assembly 
shall by law classify the several counties of the state according 
to population, and shall grade and fix the compensation of the 
officers within the respective classes according to the population 
thereof. Such law shall establish scales of fees to be charged 
and collected by such of the county and precinct officers as may 
be designated therein for services to be performed by them re- 
spectively; and where salaries are provided, the same shall be 
payable only out of the fees actually collected in all cases where 
fees are prescribed. All fees, perquisites and emoluments above 
the amount of such salaries shall be paid into the county treasury. 

Qualification — ceases to 'be director when. 

1. The law requires that a person who desires to be a candidate for 
a school director must reside in the district, and it necessarily follows that 
in order to remain such director, after election he must continue to reside 
therein, and when he permanently removes from the district, he ceases- 
at that instant to be a director. 



20 



Annotated School Laws 



ALCOHOLIC DRINKS AND NARCOTICS. 



1. Nature and effect of alcoholic drinks and narcotics be taught. 

That the nature of alcoholic drinks and narcotics, and spe- 
cial instructions as to their effects upon the human system, in 
connection with the several divisions of the subject of phj-siology 
and hygiene, shall be included in the branches of study taught 
in the public schools of the state, and shall be studied and 
taught as thoroughly, and in the same manner as other like re- 
quired branches are in said schools, by the use of text books, 
designated by the board of directors of the respective school dis- 
tricts, in the hands of pupils where other branches are thus 
studied, in said schools, and bv all pupils in all said schools 
throughout the state. [M. A. S., 4046.] 

Kcguires study of hygiene and physiology in schools. 

1. The act providing for the study of the nature of alcoholic drinks 
and narcotics, and their effect upon the human system, requires the study 
of physiology and hygiene in all the public schools throughout the state. 

2. Officers enforce provisions of act — penalty for failure. 

That it shall be the duty of the proper officers in control 
of any school, described in the foregoing section to enforce the 
provisions of this act; and any such officer, school director, com- 
mittee, superintendent or teacher, who shall refuse, fail or neg- 
lect to comply with the requirements of this act, or shall neglect, 
refuse or fail to make proi>er provisions for the instruction re- 
quired, and in the manner specified by the first section of this 
act, for all pupils in each and every school under his or her 
jurisdiction shall be removed from office, and the vacancy filled 
as in other cases. [M. A. S., 4047.] 

NOTE— Vacancies, section 70. 

Cigarettes. 

1. Section 4, page 66, Session Laws 1891 (3 Mills' Rev., 411a), pro- 
vides. "It shall be unlawful for any person or persons to give or sell 
cigarettes to any person or persons under the age of 16 years." 

Section 1, page 131, Session Laws 1891 (3 Mills' Rev., 411b), also 
provides, "Any person who shall sell, give or furnish any tobacco, or 
articles made in whole or in part of tobacco to any child under 16 years 
of age without the written order of the father or guardian of such child, 
shall be fined not less than five dollars, nor more than one hundred dol- 
lars, or imprisonment in the county jail not more than three months." 

21 



APPEALS. 



3. From district board to county superintendent. 

Any person aggrieved by any decision or order of the dis- 
trict board of directors, in matter of law or fact, may, within 
thirty days after the rendition of such decision, or making of 
such order, appeal therefrom to the county superintendent of 
the proper county. [M. A. S., 4049.] 



4. Affidavit. 

The basis of the proceeding shall be an aflfidavit filed by the 
party aggrieved, with the county superintendent, within the time- 
for taking the appeal. [M. A. S., 4050.] 

5. Contents of affidavit. 

The affidavit shal set forth the errors complained of in a 
plain and concise manner. [M, A. S., 4051.] 

6. Superintendent notify secretary — transcript. 

The county superintendent shall, within five days after the 
filing of such affidavit in his office, notify the secretary of the 
proper district, in writing, of the taking of such appeal, and the 
latter shall, within ten days after being thus notified, file in the 
office of the county superintendent a complete transcript of the 
record and proceedings relating to the decision complained of, 
which shall be certified to be correct by the secretary. [M. A. S., 
4052.] 

7. Notice to parties. 

After the filing of the transcript, aforesaid, in his office, he 
shall notify, in writing, all persons adversely interested, of the 
time and place where the matter of the appeal will be heard 
by him. [M. A. S., 4053.] 

8. Hearing appeal — oatlis. 

At the time thus fixed for hearing, he shall hear testimony 
for either party, and for that purpose may administer oaths, if 
necessar5% and he shall make such decision as may be just and 
equitable, which shall be final, unless appealed from, as herein- 
after provided. [M. A. S., 4054.] 

22 



APPEALS. §9 

9. Appeal from county superintendent to state board of education. 

Any peisoii ov district board aggrieved by au^- decision or 
order of the county superintendent in a matter of law or fact, 
may, within thirty days after the rendition of such decision or 
making of such order, appeal therefrom to the state board of 
education, in the same manner as provided in this act for taking 
appeal from the district board to the county superintendent as 
nearly as applicable. In case of an appeal, where a trial has 
been had before the county superintendent and a decision ren- 
dered, the state board of education shall examine a transcript 
of such proceeding and render a decision therefrom, but no new 
testimony shall be admitted. In other cases of appeal the said 
board may require of the parties such papers and documents as 
may be thought necessary, they may issue subpoenas and compel 
witnesses to attend and testify, and the said board shall have 
the power to administer oaths through its president. The deci- 
sion of said board, or a majority of said board, shall be ren- 
dered by the president, and such decision, when made, shall be 
final. When an applicant for a certificate at a regular exami- 
nation shall feel aggrieved at the decision of the county super- 
intendent, and shall appeal to the state board of education the 
questions used and answers given shall be examined by the said 
board, and if the decision of the county superintendent be re- 
versed, the state board of education shall issue to the appellant 
a certificate of such grade as the answers shall warrant; Pro- 
vided, That a good moral character and success as a teacher be 
shown. [.S Mills (Rev.), 4055.] 

Appeal — when, lioro and by whom taken. 

1. An appeal to the state board of education does not lie when 
made by any one other than a person or board of directors aggrieved 
by an order or decision of the county superintendent. 

2. Any person or district board aggrieved by any decision of the 
county superintendent in a matter of law or fact, may, within thirty 
days of the rendition of such decision, appeal to the state board of 
education, full details in regard to such appeal being given. 

3. The remedy against unjust orders of the county superintendent 
is an appeal to the state board of education. 

4. It would not be considered good practice to allow one county 
superintendent to overrule the decision of the former county superin- 
tendent upon the same point. The proper procedure in this matter would 
have been for the persons making the protest to have filed it in writing 
with the county superintendent and then appeal from his decision to 
the state board of education in accordance with section 9 of the Anno- 
tated School Laws. However, as there is no record in your office of 
this pretest having been made to the former county superintendent, it 
would be proper for you at this time to receive a written protest in regard 
to the same matters and pass upon the same, as in such case you would 
not be considered as passing upon the matter decided by a former super- 
intendent. 

5. The appeal should be made to the county superintendent within 
thirty days after the decision of the arbitration committee (section 9), 
and the basis of the proceeding shall be according to section 4 and section 

23 



§10 APPEALS. 

5, School Law. It is only after the decision of the county superintendent 
that an appeal may be made therefrom to the state board of education. 

Appeal from grading examination papers. 

6. Neither the state superintendent of public instruction nor the 
state board of eduction have the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is mere matter of 
comit5^ and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 

7. In case of appeal from the decision of county superintendent 
to the state board of education by an applicant for certificate at a regular 
examination, the certificate, if any, issued to said applicant upon such 
examination, should accompany the papers sent to the state board. 

8. Except in the case of a formally taken appeal from the action 
of a county superintendent in refusing to grant a certificate, the state 
board of education has no authority to pass upon the papers presented 
by an applicant at a teachers' examination. 

May continue school during pendency of appeal. 

9. A person holds a certificate that expires September 8. He begins 
school under contract on September 1. He fails to obtain a certificate 
in the examination held on August 29-30, and appeals to the state board 
of education. Held, that he may continue his school during the pendency 
of an appeal. 

State 'board may order certificate issued. 

10. The state superintendent has no authority to grant a certifi- 
cate to teach except when directed to do so by a vote of the state board 
of education in cases of appeal and of state examination. 

Appeal from change of boundary. 

11. In the absence of a showing to the contrary, it will be pre- 
sumed that the county superintendent complied with the law in hearing 
and determining the appeal, and therefore that the change of boundary 
was properly made, but even in the absence of such showing, as these 
two districts have continued to exercise undisputed the prerogatives and 
enjoy the privileges of legally formed districts for a period of nearly 
twelve years, they will now be considered legally formed districts. 

10. No judgment for money. 

Nothing in this act shall be so construed as to authorize 
either the county superintendent or the state board to render a 
judgment for money; neither shall they be allowed any other 
compensation than is allowed by law. All necessary postage 
must first be paid by the party aggrieved. [M. A. S., 4056.] 



24 



BONDS. 



SCHOOL DISTRICT BONDS. 

11. Question of bonded debt submitted to voters — qualifications of vot- 
ers — limitation of debt. 

On the petition of twenty legal voters of any school district, 
the secretary of said district shall give notice not less than 
twenty days before any regular or special meeting held under 
the provision of this chapter, that the question of contracting 
a bonded debt for the purpose of erecting and furnishing school 
buildings, or purchasing ground, or for funding floating debts, 
will be submitted to such qualified voters of the district as have 
paid a school tax therein in the year next preceding the said 
meeting; Provided, That it shall be lawful for districts of the 
first and second class to hold special meetings for this purpose, 
in the same manner as is provided in this chapter for districts 
of the third class. Any person offering to vote may be chal- 
lenged by any legally qualified elector of the district, and any 
one of the judges of election shall thereupon administer to the 
person challenged an oath, as follows : "You do swear (or affirm) 
that you are a citizen of the United States, or that you have 
declared your intention to become such; that you have resided 
in the state of Colorado six months immediately preceding this 
election ; that you are twenty-one years of age ; that you have 
resided in this district thirty days next preceding this election, 
and that you have paid a school tax within this school district 
during the past year, and that you have not voted at this election, 
so help you God (or under the pains and penalties of perjury)." 
If he shall refuse to take such an oath or afiirmation, his vote shall 
be rejected. The electors aforesaid shall first agree, by a majority 
vote, on the amount of indebtedness to be created, if any (but in 
no case shall the aggregate amount of bonded indebtedness of any 
school district exceed three and one-half per cent, of the as- 
sessed value of the property of such district), and shall then 
proceed to vote by ballot "For the bonds," or "Against the 
bonds," and the ballot box for this purpose shall be kept open, 
as provided in section forty -four of this act; and if it appear 
that a majority of all the votes cast are "For the bonds," the 
board of directors, as soon as practicable, shall issue coupon 
bonds of the district, bearing interest not exceeding eight per 
cent, per annum, payable semi-annually, and redeemable at the 
pleasure of the district, after five years, and payable fifteen years 
from date, the principal and interest payable at the office of the 

25 



§11 BONDS. 

treasurer of the county in which the said district may be situ- 
ated, or the interest may be made payable in the city of New 
York, at the option of the holders thereof, and the cancelled 
coupons shall be at the disposal of the district board. [M. A. S., 

4057.] 

NOTE— Section 44 above referred to is section 92 herein. 
NOTE— Refunding bonds, sections 20 and 23. 

Petition for meeting to vote ionds — number voters — notice. 

1. The petition asking that a meeting be called for the purpose of 
voting school district bonds must be signed by not less than twenty legal 
voters. A majority of the qualified electors assembled at such meeting 
may vote bonds; Provided, "That such qualified electors shall have paid 
a school tax in such district for the year next preceding such election." 

2. The lavsr does not require that the twenty voters who sign the peti- 
tion shall be taxpayers, although only thoFe who are taxpayers can vote 
upon the question of bonding the district. 

3. A special meeting of the voters of a district is legal only when 
twenty days' notice of such meeting is given. 

4. It is not legal to vote upon the matter of issuing bonds at a 
special meeting unless said special meeting has been called upon petition 
of tvv^enty legal voters of the school district, requesting that the question 
of contracting a bonded debt for the purpose of erecting and furnishing 
a school building, for purchasing ground or for funding floating debts 
will be submitted, and due notification must be given. 

5. The law makes no provision by which a school district can 
legally issue bonds if there is not the required number of voters specified 
by law residing in the district to vote upon the question of issuing bonds. 

6. If the members of the school board are qualified electors, there 
is no reason why they can not be included in the names of the twenty 
persons signing the petition. 

Qualifications for voting on bonds. 

7. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all questions 
save those relating to bonded indebtedness. 

8. If a preson has paid any one year's school tax during the year 
immediately preceding the election regarding the question of refunding 
bonds, and is otherwise qualified, he is entitled to vote at such election. 

9. All legal voters who are residents in a joint district may vote 
upon any question pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

10. At a special meeting held for the purpose of voting upon the 
question of issuing bonds, the election judges have the right to require 
every one to swear in his vote, whether the vote is challenged or not, 
unless the voter presents his tax receipt. 

If real estate is in the names of both man and wife, even though 
the tax receipt shows but one name, both are legal voters. 

If a man has given his wife part of his real estate, but no deed has 
yet been given to the wife, even though she has paid taxes upon the 
same, she has not the right to vote. 

A person who has been assessed for taxes, but has as yet paid no 
taxes in the district, would not be entitled to vote. 

If propei'ty is in the wife's name, but the tax receipt is in the hus- 
band's name, the wife would have the right to vote, and not the husband. 

26 



BONDS. §11 

11. Any person net a taxpayer, but otherwise a legal voter, is en- 
titled to vote at a regular or Special district school meeting upon all 
matters coming before such meeting, except upon a proposition to con- 
tract a debt by loan. 

12. On the question of bonding a district, those electors have the 
right to vote "who have paid a school tax therein in the year next pre- 
ceding the said meeting." The word "year" is construed to mean the 
twelve months immediately preceding the meeting or election. 

13. In the case of a woman and her husband, each owning prop- 
erty, the woman's property being real estate, and the county records 
showing that she is the l)07ia fide owner of the property and pays the 
taxes, the fact that in listing the property of the husband and wife the 
assessor made only one list, and that in the husband's name, would not 
take away the right of the w^oman to vote at a school meeting called to 
vote upon bonded indebtedness; but the woman should be provided with 
a tax receipt or a certified statement from the county treasurer, showing 
that she has paid a tax for the year preceding the date upon which the 
question of the bonded indebtedness was decided. 

14. Voters who have paid a school tax within the year upon prop- 
erty which at the time of the tax was paid in another school district, but 
at the time they offered to vote on the question of issuing bonds was by 
annexation in the district v/here they offered to vote, are legally qualified 
to so vote. 

15. Those legal voters of the district who have paid a school tax 
therein during the preceding year determine the amount of indebtedness 
to be created. 

16. In the last franchise election, it was held that all persons who 
paid a property tax were entitled to vote on the franchises. This in- 
cludes a tax on both real and personal property, and there is no reason 
why the same rule should not apply to a school district bond election. 

• County high school can vote honds. 

17. Having considered the relation in which the act of 1S99 stands 
to the School Act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in the 
exercise of those powers given to school districts in the state. It is, there- 
fore, concluded that it has the right to issue bonds in accordance with the 
provisions of section 11 of the School Act. 

Maxirmim amount issued. 

18. In estimating a maximum amount of bonds that can be issued 
by a school district, the estimate must be based upon the last complete 
assessed valuation. 

19. In no case shall the aggregate bonded indebtedness of any 
school district exceed three and one-half per cent, of the assessed value 
of the propei'ty of said district. 

20. A school district created from organized territory, which is al- 
ready bonded for building purposes, can issue new bonds to an amount 
not to exceed the difference between its share of the present bonded in- 
debtedness and three and one-half per cent, of the assessed value of its 
property, both real and personal. 

21. A school district created from organized territory, which is 
already bonded for building purposes, can issue new bonds to an amount 
not to exceed the difference between its share of the present bonded in- 
debtedness and three and one-half per cent, of the assessed value of its 
property, both real and personal. 

22. A school district has no right to create a debt except through 
bonding the district in accordance with the provisions of section 11, and 
the further provision that warrants may be issued before the funds to 

27 



§§12-13 BONDS. 

pay them are actually in the treasury; Provided only, That the total sum 
of such warrants does not exceed the revenue of the district for the year 
in which they were issued. 

23. A majority of the votes being for the bonds, the directors issue 
the same, the maximum bonded indebtedness allowed by law being three 
and one-half per cent, of the valuation of the district. 

24. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the rev- 
enues of the district for the current year; therefore an arrangement for 
issuing warrants payable in one, two and three years, the qualified voters 
to vote a levy to be collected in one, two and three years to pay the war- 
rants, would not be legal. The voters have no authority to vote a levy 
except for the current year. It would, therefore, only be possible to raise 
the money by voting bonds for the amount if the electors do not wish to 
levy the whole tax in one year. 

Purposes for which bonds can not 6e voted. 

25. Bonds can not be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

Certificate of indebtedness considered loan. 

26. The Constitution of Colorado prohibits the creation of a debt by 
loan for building purposes in any other way than by a vote of the electors. 
While a certificate of indebtedness can not be considered a loan, strictly 
speaking, the courts would probably construe it to be prohibited by the 
same constitutional provision when issued to cover a debt incurred by 
building. 

Ballot tox — when open. 

27. It is lawful for the ballot box for voting on the question of 
bonding the district to be open at the same time as the one for the election 
of school officers. 

12. Registry of bonds — recorder's duty. 

Whenever any school district shall issue bonds under the 
provisions of this act, all such bonds shall, previous to being 
negotiable, be presented to the recorder of the county, to be 
duly registered by him in a book kept for that purpose in his 
office, noting the school district, amount, time of payment and 
rate of interest, and all such bonds shall state on their face that 
they are issued under the provisions of this act. [M. A. &., 4058.] 

13. Special tax — treasurer's duty — county board — payment — cancella- 

tion. 

Whenever any school district shall issue bonds under the 
provisions of this act, it shall be the duty of the board of com- 
missioners of the county in which said district may be situated 
to levy and assess a special tax on the taxable property of such 
district in amount sufficient to pay the interest coupons thereon, 
when the same shall become due, according to their tenor and 
effect, and the county treasurer shall collect the same as other 
taxes are collected, in cash only, keeping the same separate from 

2» 



BONDS. §14 

other funds received by him ; and if there shall be any surplus 
after paying [the coupons and] the expenses of collecting such 
special tax, the treasurer shall, without delay, pass the same to 
the credit of such school district, and such fund so passed to 
the credit of the district shall be subject to the disposal of the 
board of directors. And after the expiration of five years next 
after the issue of such bonds, and annually thereafter, until the 
full payment of said bonds, the said county commissioners shall 
provide by taxation and shall collect at least ten per centum, 
and not more than twenty per centum of the principal of such 
bonds, which amount shall be assessed and collected the same 
as the tax for the payment of the interest coupons, and when 
collected shall be turned over to the treasurer of such school 
district, such money to be used only in the payment of such 
bonds, in manner as follows : The treasurer of such school dis- 
trict, immediately after receiving the money as aforesaid, shall 
advertise in some newspaper published in his county, if there be 
any, for four successive weeks, that, on a certain day named in 
the advertisement, he will pay certain of the district bonds, said 
bonds to be described in the advertisement by number and 
amount, and the advertisement shall further state that after the 
day so fixed for payment the interest on the bonds described as 
aforesaid shall cease and determine. The said payments shall be 
made at the oflSce and in the presence of the treasurer of the 
county, who shall cancel the bonds redeemed, and a minute of 
such cancellation shall be made on the books of the county re- 
corder, after which they shall be at the disposal of the district 
board. The provisions of this section for levying and collecting 
taxes, and for the payment of interest coupons, shall be applic- 
able to all school districts that have issued bonds under the pro- 
visions of the laws of the territory of Colorado. [M. A. S., 4059.] 

Surplus fund may he applied on bonded indebtedness 

1. The extra money in the special fund may be used to apply on 
bonded indebtedness. Provided, That the other necessary expenses of 
the school have been met, or Provided. That there is sufficient money 
in the general fund to meet the necessary expenses of the school. 



14. Redemption of bonds — premium. 

In all districts that have issued bonds under the provisions 
of the laws of the territory of Colorado, the treasurer of the dis- 
trict, immediately after receiving the annual installment of the 
funds for the redemption of said bonds, as provided in section 91, 
shall go into the market and, at the lowest price for which he can 
obtain such bonds, shall use such funds in the retiring of such 
bonds to the extent of such fund ; Provided, That the said treas- 
urer shall not pay more than five per cent., premium on any bonds 
of his district, and any balance of said funds remaining in the 
hands of said treasurer shall be invested, as nearly as possible, 

29 



§§15-16 BONDS. 

in United States bonds or state bonds of Colorado. [M. A. S., 
4060.] 

NOTE— Section 91 above referred to is section 12 herein. 

15. U. S. and state bonds purchased by district treasurer — liow kept — 

proceeds — sale. ] 

All United States or state bonds which may come into the 
hands of any district treasurer, under the provisions of this act, 
shall be duly recorded in the books of the district, and deposited 
in the safety vault of some bank within the state, selected by the 
district board. The interest coupons of said bonds shall be duly 
collected by the district treasurer, and the proceeds turned over to 
the county treasurer, to be used in the payment of the interest 
coupons of the bonds of such district, and the annual tax for the 
payment of the interest on said district bonds shall be propor- 
tionately lessened. Said United States or state bonds shall be 
sold by the district board at the best market rates, and the pro- 
ceeds thereof used to redeem the bonds of the district when the 
same become due or when they can be bought at not to exceed five 
per cent, premium. [M, A. S., 4061.] 

16. Change of boundaries not release property — annexed property. 

No change in the boundary lines of such school district shall 
release the taxable real estate of the district from assessment and 
levy of taxes to pay the interest and principal of such bonds, 
and if there shall be an}^ change of the lines of such school dis- 
trict, so as to leave any portion of the taxable real estate of the 
district out of the district, which was subject to taxation in the 
district at the time of the issue of such bonds, the assessment and 
levy for principal and interest of such bonds shall be made on 
such property as if it were still within the district, and if there 
shall be au}^ change in the lines of such school district, so as to 
annex any taxable real estate, after the issue of such bonds, the 
real estate so annexed shall thereafter be subject to the assess- 
ment and levy for principal and interest of such bonds. [M. A, 
S., 4062.] 

Lands not subject to tax. 

1. Lands to which title has not been obtained from the government 
at the time school bonds are issued by a district of which such lands 
form a part are not subject to tax for the payment of such bonds. Hence, 
if said lands are set off or detached from the district before title is 
perfected, they are not subject to a bond tax in the original district 
when title is complete. 

Lands subject to tax. 

2. State or government lands occupied under contract of purchase, 
title having already been acquired and land deeded, are subject to assess- 
ment the same as other lands for the payment of bonds issued by the 
school district of which they form a part, or such portion of said bonds, 

30 



BONDS. §§17-18-19-20 

if any, that remain unpaid; Provided, "That said lands were deeded 
before said bonds had matured." 

3. Territory detached from a district which has been bonded is not 
released from taxation to pay both principal and interest of such bonds. 
Such detached territory is liable for such taxation until the bonds have 
been fully discharged, the same as if it had remained a part of the 
original district. 

17. County treasurer's fees. 

The treasurer of the county shall receive the same compensa- 
tion for the collection of such special taxes as he does for other 
school taxes. [M. A. S., 4063.] 

NOTE— See [3 MiHs (Rev.), 1899] for per cent, of compensation. 

18. Bonds — how executed. ( 

All such bonds so issued shall be signed by the president of 
the board of directors, and shall have the seal of the district at- 
tached, and shall be countersigned by the county treasurer. [M. 
A. S., 4004.] 

19. Repeal. | 

An act entitled "An act concerning school bonds," approved 
January 29, 1872, and all acts amendatory thereto; also, an act 
entitled "An act to amend, revise and consolidate the acts re- 
lating to public schools,-' approved February 11, 1870, and all 
other general laws inconsistent with this act are hereby repealed. 
[M. A. S., 4005.] 



20. Board of directors refund bonded indebtedness — interest. 

That when the bonded indebtedness of any school district 
in this state has matured, or may hereafter mature, or has or 
may hereafter become redeemable at the pleasure of the district, 
and there shall not be funds in the treasury of such school dis- 
trict available for that purpose with which to redeem or pay such 
bonds, it shall be lawful for the board of directors of such school 
district to issue and sell new bonds, equal to the sum necessary 
and not otherwise provided for the payment of the bonds then 
matured or those then redeemable at the pleasure of such school 
district, and such bonds thus issued shall not be sold at a less 
price than their par value; Provided, It shall be lawful for the 
board of directors of any school district having a bonded indebt- 
edness, to refund the same, at any time, with the consent of the 
bond owners, in bonds bearing a less rate of interest than the 
bonds so refunded and running for a longer time, which said 
bonds thus issued shall be exchanged at not less than par for 
the bonds outstanding. 

31 



§§21-22-23 BONDS. 

Provided, further. That all bonds issued under this section 
shall bear interest at such rate as said school board may de- 
termine, not to exceed 8 per cent, per annum, and shall be re- 
deemable at the pleasure of the district board, in not to exceed 
ten years and payable in not to exceed twenty years from the 
date thereof, and the date after which said bonds are redeemable 
shall be plainly written or printed on the face thereof. [3 Mills 
(Rev.), 4066.] 

21. What laws apply to issue and payment — except. 

All the provisions of the laws of the state of Colorado, now 
existing, relating to the duties of district and county officers in 
the issue and payment of district bonds, and relating to the as- 
sessment and collection of taxes for the payment of the interest 
and principal of school district bonds, shall be held to apply 
equally and in like manner to all matters pertaining to the issue 
and payment of bonds issued under the provisions of this act, 
except that the time when taxes shall be levied and collected for 
the payment of the principal of said bonds shall be as hereinafter 
provided. [M. A. S., 4067.] 

22. County board levy tax — treasurer collect. 

At the time provided by law for the levying of county taxes 
in the year next preceding the date at which the first installment 
of said bonds shall mature, and every year thereafter until the 
whole amount of said bonds shall be redeemed, the board of 
county commissioners of any county in which bonds shall have 
been issued under the provisions of this act, shall levy a tax suffi- 
cient to pay not less than ten per centum nor more than twenty 
per centum of the principal of said bonds, and the county treas- 
urer shall collect the same as other taxes are collected, and shall 
pay the amount so collected to the district treasurer as is now 
provided by law. [M. A. S., 4068.] 

23. Proviso — submission for refunding — against refunding. 

Provided, however, That no bonds shall be issued under the 
provisions of this act until the question of refunding shall first 
have been submitted to, and approved by, the qualified voters of 
the district as is now or may be provided by law, except that the 
electors shall vote "for refunding," or '^against refunding," in- 
stead of "for the bonds," or "against the bonds." [M. A. &., 
4069.] 

NOTE— See section 90. 



32 



CERTIFICATES. 



24. Grades of certificates — renewals — record. 

The certificates issued by the couuty superintendent shall be 
of three grades, distinguished as first, second and third. The 
first grade certificate shall be valid for three years and may be 
renewed by the county superintendent of the county in which it 
was issued ; the second grade certificate shall be valid for eighteen 
months; the third grade certificate shall be valid for nine months; 
Provided, lioirevcr. That not more than two certificates of the 
same grade (third grade) shall be issued to the same person. A 
county suprintendent may, upon the application of a teacher 
holding a first grade certificate, received at a regular examina- 
tion in another county in the state, and in full force at the time, 
issue to said teacher a certificate of like grade; Provided, That 
such certificate shall not show the standing in each branch, nor 
be subject to renewal, but shall show the conditions upon which 
it is issued. And he may revoke certificates of any grade at any 
time, for immorality, incompetency or other just cause. It shall 
be deemed a violation of law to grant certificates of any of the 
above grades, except one of like grade, without requiring the ap- 
plicant to pass a thorough and satisfactory examination in such 
branches and at such times as are specified in section 15 of this 
act; and in all such examinations the questions prepared by the 
superintendent of public instruction shall be used. In ease a 
certificate is revoked or refused by the county superintendent, 
the right of appeal to the state board of education shall not be 
denied the teacher or applicant, if said appeal be taken within 
thirty days from date of notice of such revocation or refusal. 
The county superintendent shall keep an official record in a 
suitable book of the persons so examined, containing the names, 
age, nativity, date of examination and grade of certificate issued ; 
he shall also retain for three months the written answers of all 
applicants at the regular examinations and hold the same sub- 
ject to the order of the state board of education; Provided, 
further. That in a school district of the first class the examina- 
tion may be conducted by the school board of such district in 
such manner and at such times as the board may determine, who 
shall have power to issue district certificates of the same grades 
and under the same conditions as are specified in sections 15 and 
16 of this chapter, said certificates, however, shall be reported 
to the county superintendent, who shall keep a record of the 
same, and shall be valid only in the district where issued, such 
boards may, how^ever, if they see fit, issue certificates without 
examinations to high school teachers who hold satisfactory evi- 

2 

33 



§24 CERTIFICATES. 

dence of adequate training for the work they are to do. [3 Mills 
(Eev.), 3980.] 

NOTE— Section 16 above referred to is section 24, and section 15 is section 
99 herein. 

NOTE— Questions prepared by superintendent of public instruction. See 
section 181. 

Life of first grade certificate — renewal. 

1. The life of a first grade certificate is three years. Such certili 
cate may be renewed by the county superintendent in the county in which 
it was originally issued at the time, or immediately before its expiration. 

2. A first grade certificate can not be renewed if presented for 
renewal after the expiration of the time for which it was issued. 

3. A first grade certificate may be renewed, indefinitely, without 
examination, in a county in which it was originally issued. 

4. A certificate can not be made to extend beyond the time for 
M^hich it was originally given, save through renewal in the proper manner 
of a first grade certificate. 

5. A first grade certificate issued in one county can not be renewed 
by a county superintendent of another county, but he can issue one of 
like grade which shall not show standing nor be subject to renewal. 

6. In renewing a first grade certificate one of two practices should 
be observed. The certificate should be renewed for the full term for 
which the original was issued — that is, should be so renewed that the 
time should correspond with the date upon which the original expires — 
or the recognition should simply be until the next examination. 

7. The fact that a teacher failed to pass the examination in another 
county would not affect the standing of the first grade already obtained 
by her. It is entirely optional with the county superintendent as to 
whether a first grade certificate shall be renewed or not. 

8. The law provides that a first grade certificate may be renewed 
by the county superintendent of the county in which it was issued 
Since Adams county is a portion of that territory in which the certificate 
was issued, it may be renewed at the discretion of the county superin- 
tendent. 

Renewal optional with county superintendent. 

9. As it is entirely discretionary with the county superintendent 
whether or not a first grade certificate shall be either renewed or recog- 
nized by a "like grade," a first grade can not in any case be considered 
equivalent to a state certificate, which must be recognized in every part 
of the state during the life of the holder. 

10. The renewal of a certificate is optional with the county super- 
intendent; and he would be justified in refusing to renew or issue a like 
grade certificate if he deemed it proper so to do. 

11. It is entirely optional with a county superintendent as to 
whether a first grade certificate shall be renewed or not. If renewed, 
it is for the full time for which it was originally issued. 

12. A county superintendent may renew her own certificate under 
the same conditions as other renewals are made. 

Endorsevient of first grade certificate. 

13. The endorsement of a first grade certificate until the next ex- 
amination will not invalidate it in the county where issued. 

14. It is a violation of the law to endorse county teachei's' certifi- 
cates issued in this, or any other state, if the certificate be not in full 

34 



CERTIFICATES. §24 

force at the date of such endorsement. Should the board employ a 
teacher without a license to teach, all claim to compensation on the school 
fund for the term will be forfeited. 

Experience necessary for first grade certificate. 

15. There is no law concerning the practical experience in teaching 
to be considered in issuing a certificate of any grade except in the pre- 
scribed rules and regulations governing county examinations of teachers, 
which rules are sent from this office. Rule 14 definitely states appli- 
cants for certificates of the first grade shall have taught successfully for 
at least one year. 

16. The one year's successful teaching required for eligibility to 
a first grade certificate is not restricted to teaching in Colorado. 

17. The year's experience required for a first grade certificate is 
construed to mean twelve months. 

18. There is no provision in the Colorado school law crediting 
teachers with a year's experience who have taught the blind, deaf, or 
mentally deficient, for one year. 

Duplicates 

19. A duplicate first grade certificate, while in force, can be re- 
newed just as if it were the original. 

20. The law makes no provision for the writing of a duplicate cer- 
tificate for the convenience of the person holding a first grade certificate. 
Special permission may be obtained by a county superintendent to write 
a duplicate certificate in ca"se the holder of the original gives proof of its 
being lost or destroyed. 

21. Regarding the issuance of a duplicate certificate, I would ad- 
vise you to give one, providing the teacher makes a written statement 
regarding the loss of said certificate, so that your files may show that 
there was no irregularity in the granting of the duplicate. 

Life of second grade certificate. 

22. A second grade certificate is not good for eighteen months' 
teaching; it is simply in force for eighteen months from the date upon 
which it was issued. 

Experience not necessary for second grade certificate. 

23. I know of no law authorizing a county superintendent to refuse 
gi-anting a second grade certificate to an applicant meriting the same, 
on account of an absence of experience in teaching. 

Second grade certificate can not he renewed. 

24. A second grade certificate can not be legally renewed, neither 
does the law make provision for the issuing of a certificate of like grade. 

Second grade certificate not changed loithout examination. 

"25. It is not legal to change a second grade certificate to a first 
grade certificate, no matter what the averages may be upon the certifi- 
cate. It is absolutely necessary that the holder of said certificate should 
take an examination, making the grades required for a first grade cer- 
tificate, to obtain such a certificate. 

Life of third grade certificate. 

26. The nine months specified in issuing a' third grade certificate 
means that the certificate is valid nine months from the date of the ex- 
amination upon which it was issued. It does not mean that it Is good 

35 



§24 CERTIFICATES. 

for nine months' teaching, no matter when the teaching may be done. 
The same rule holds good for the time specified upon a first or second 
grade certificate. 

Third grade certificate — when invalid. 

27. The clause "Provided, however. That no more than two cer- 
tificates of the same grade shall be issued to the same person," is in- 
terpreted as referring to third grade certificates. 

28. A third grade certificate issued to one who has proviously held 
two third grades is invalid. 

Like grade certificates. 

29. The endorsement or renewal of certificates and the issuing of 
like grade certificates are in all cases optional with the county superin- 
tendent. 

30. The county superintendent has the power to issue a like grade 
certificate upon a renewal of a first grade certificate issued in another 
county, that is, a renewal made by the superintendent in the county in 
which the certificate was originally issued. There is nothing compulsory 
in regard to the issuing of a like grade certificate. If, in the judgment 
of the county superintendent to whom the certificate issued in another 
county is presented, it seems best that the applicant should take the ex- 
amination rather than that the renewed certificate shall be recognized 
by a like grade, he has alsolute authority to do so. 

31. A like grade certificate can not be issued on a second grade 
certificate, though such second grade certificate has a first grade average. 

32. A like grade certificate is not renewable and expires at the 
time the original issuance of the certificate is ended, or at the time the 
renewal expires. 

33. It is not legal to issue a like grade on a second grade, as the 
law plainly states that a like grade certificate shall only be given in lieu 
of a first grade certificate in full force issued in another county than that 
in which the school is to be taught. 

34. The School Law makes no provision for the issuing of a cer- 
tificate of like grade to the holder of a second or third grade certificate. 

35. A certificate of like grade from one county can not be endorsed 
by a county superintendent of another county, but if the first certificate 
upon which the like grade w'as issued is still in force another like grade 
certificate upon it can be issued in another county. 

36. The life of a like grade certificate is concurrent with that of 
the origin9,l in lieu of which it was issued. 

37. A like grade certificate may be issued in lieu of a first grade 
certificate which has been renewed in the county where issued. 

38. A like grade certificate may be issued in lieu of a first grade, 
even though the first grade show previous endorsement. 

39. A like grade certificate may be issued only to a person who is 
to teach in the county where such certificate is issued. 

Revocation of certificates. 

40. A certificate to teach can not be annulled or withdrawn from a 
holder without cause for so doing. This section especially provides for 
such cases. 

41. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of a 
district would not be lawful reason for revoking a certificate unless fraud 
of some kind could be shoM^n. 

36 



CERTIFICATES. §24 

42. A teacher's certificate may be i-evoked for immorality, incom- 
petency, drunkenness or like cause. The fact that a person who applies 
for a teacher's certificate is a person of bad habits, who becomes intoxi- 
cated, or is a gambler, would be sufficient reason to refuse to grant him 
a certificate. Positive proof, however, should be in the possession of the 
county superintendent when taking such action. 

43. The laws of this state make it impossible for a school board to 
discharge a teacher without some cause that would be considered in the 
courts a sufficient reason for bi-eaking the contract between the teacher 
and the school board. Incompetency,v^ immorality, drunkenness, etc., are 
the reasons that are usually given. 

44. If a certificate was obtained illegally, and the county superin- 
tendent has positive proof of the same, it would be sufficient reason for 
revoking it. 

College diploma not license to teach. 

45. A college graduate from another state is not exempt from the 
regular county examination. 

46. A college diploma is not a license to teach in any public school 
in the state. Special examinations are not given or granted. A county 
teacher's certificate issued in any other state may be recognized in case 
of emergency, providing that the certificate be in full force at date of 
endorsement. 

Permits not granted. 

47. There is absolutely no authority in law for a temporary permit 
or certificate of any nature whatevei'. 

48. The laws of Colorado do not make it possible for a permit to 
teach to be granted to any teacher expecting to enter the public school 
work of this state. 

Expiration of. 

49. There is absolutely nothing that can be done in the case of an 
expired certificate of any grade. A second grade certificate could not be 
renewed even if unexpired. The laws of Colorado do not permit the 
endorsement of expired certificates; neither do they permit the holding 
of special examinations. 

From other counties — optional. 

50. There is nothing in the law to compel a county superintendent 
to recognize a teacher's certificate issued in any other county, even 
though a school board in the county superintendent's own county has 
engaged such teacher to do the school work in the district. 

Appeals from county superintendent. 

51. Except in the case of a formally taken appeal from the action 
of a county superintendent in refusing to grant a certificate, the state 
board of education has no authority to pass upon the papers presented 
by an applicant at a teacher's examination. 

52. In case of appeal from the decision of county superintendent 
to the state board of education by an applicant for certificate at a regular 
examination, the cei'tificate, if any, issued to said applicant upon such 
examination, should accompany the papers sent to the state board. 

53. The laws of Colorado do not give the state superintendent the 
right to endorse certificates of any kind from other states. 

54. The state superintendent has no authority to grant a certificate 
to teach except when directed to do so by a vote of the state board of 
education in cases of appeal and of state examination. 



§24 CERTIFICATES. 

55. The state superintendent has no authority whatever to waive 
in any manner the requirements of law for a license to teach, nor to 
grant a temporary certificate or permit, nor to authorize a county super- 
intendent to grant such certificate or permit. 

56. A person holds a certificate that expires September 8. He 
begins school under contract on September 1. He fails to obtain a certifi- 
cate in the examination held in August and appeals to the state board 
of education. Held, that he may continue his school during the pendency 
of an appeal. 

57. When a certificate is revoked by a county superintendent such 
revocation takes effect on the day named by him, and the holder thereof 
can not lawfully teach during the pendencj^ of an appeal to the state 
board of education. 

58. The state superintendent has no authority whatever to waive, 
in any manner, the requirement for the issuing a certificate to teach, 
nor to order a county superintendent to change the marking, unless the 
applicant appeals from the decision of the county superintendent to the 
state board of education. 

59. An offer to teach for unreasonably low wages is not a sufiicient 
reason for refusing to grant a certificate. 

Of first class districts. 

60. In districts of the first class the school directors have entire 
charge of the examination of applicants for positions in the schools of 
their district. 

61. Certificates issued by districts of the first class are valid only 
within such districts. 

62. In school districts of the first class the examination is conducted 
by the school board in such manner and at such times as the board may 
determine. 

64. Since the law provides that the certificates issued by the boards 
of districts of the first class must be of the same grades a,nd under the 
same conditions as those specified in sections 99 and 24 of the school law, 
it follows that equal requirements must be made in districts of the first 
class as in other districts, and the board would not have the right to 
exempt the candidates from examination in one or more of the subjects 
specified in section 99 of the school law. 

65. Teachers' certificates issued by the board of directors of first 
class districts are reported to the county superintendent and a record 
kept of the same, but they are not renewed nor endorsed; therefore, no 
fee would be charged for the registration of said certificates. 

66. There is no law authorizing second and third class districts to 
hold examinations for teachers to be employed by such districts. 

67. The laws of Colorado do not give county superintendents the 
slightest authority to recognize district certificates in any way. Such 
certificates are valueless so far as entitling their holders to a right to 
teach in other schools of the county. Neither can examinations for 
teachers' certificates be taken at any time except as prescribed by law for 
public examination. 

68. According to this section the school board of a first class dis- 
trict has the right to conduct an examination in such manner and at 
such time as the board may determine; therefore it may decide to hold 
the examination on consecutive days, or on irregular days, as desired. 
The school board has the right to prepare its own questions used in this 
examination, or to authorize some person to prepare them. 

69. All first class districts have a right to make their rules and 
regulations governing examinations for certificates and for any special 
line of work. 

38. 



CERTIFICATES. §24 

70. School boards, in districts of the first class, have entire control 
of the examination and licensing of applicants to teach in their districts. 
They also have a legal right to renew certificates without examination. 

71. Until a first class district is fully organized, so far as its board, 
etc., is concerned, in conformity with the provisions of the law relating 
to first class districts, the board of the district would have no right to 
grant certificates to the teachers employed. Until the board was fully 
organized as a first class board the teachers employed in the district 
should be required to take the regular county examination. 

72. When a district of the first class has issued district certificates 
in recognition of first grade county certificates, and one of the county cer- 
tificates is revoked by the county superintendent, assuming that the cer- 
tificate referred to was granted under the last clause of section 24 of 
the state school law, the county certificate being taken as evidence of 
scholastic attainments instead of an examination being held upon which 
to grant the district certificate, and also that the county certificate was 
taken by the district board as satisfactory evidence of adequate training 
etc., the revocation of the county certificate would not revoke the district 
board's certificate any more than it would if the board's certificate had 
been granted on some other evidence. 

73. In districts of the first class the board may issue certificates 
without examinations, to high school teachers who hold satisfactory evi- 
dence of adequate training for the work they are to do. In districts of 
the second and third class they must pass the regular county examina- 
tion, and the examination shall extend to such additional branches of 
study as are to be pursued in the high school in which they are to teach. 



39 



COMPULSORY EDUCATION. 



25. Unlawful to employ children under fourteen during school — fines. 

That it shall be unlawful for any person, persons or corpora- 
tion to employ any child under the age of fourteen to labor in any 
business whatever during the school hours of any school day, of 
the school term of the public school, in the school district where 
such child is, unless such child shall have attended some public or 
private day school where instruction was given by a teacher 
qualified to instruct in those branches required to be taught in 
the public school of the state of Colorado, or shall have been regu- 
larly instructed at home in such branches, by some person quali- 
fied to instruct in the same, at least twelve weeks in each year, 
eight weeks at least of which shall be consecutive, and shall, at 
the time of said employment, deliver to the emploj^er a certificate 
in w^riting, signed hj the teacher, certifying to such attendance 
or instruction ; and any person, persons or corporation who shall 
employ any child contrary to the provisions of this section shall, 
upon conviction, be denied guilty of a misdemeanor and fined in 
a sum not less than twenty -five (25) dollars nor more than fifty 
(50) dollars, and all fines so collected shall be paid into the 
county treasury, and placed to the credit of the school district in 
which the ofi'ense occurs. [M. A. S., 417.] 

Child must be taught in English. 

1. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the laAv requires shall be taught in the English language. 

Does not apply to deaf and blind. 

2. Attendance is not compulsory at the state school for the deaf 
and blind. 

26. Children must be sent to school — exception — clothing. 

Every parent or guardian, or other person in the state of 
Colorado, having control of any child or children between the 
ages of eight (8) and fourteen (14) shall be required to send 
such child or children to a public school, or private school taught 
by a competent instructor, for a period of at least twelve (12) 
weeks in each year, at least eight (8) weeks of which time shall 
be consecutive, unless such child or children are excused from 
such attendance by the board of the school district in which such 

40 



COMPULSORY EDUCATION. §26 

prirent, guardian or person having control, resides, upon its being 
shown to their satisfaction, that such child's bodily or mental 
condition has been such as to prevent attendance at school, or 
application to study for the period required; Provided, That if 
such parent or guardian is not able, by reason of poverty, to 
pro})erly clothe any such child, it shall be the duty of the school 
board of the proper district, upon the fact being shown to their 
satisfaction, to furnish the necessary clothing and pay for the 
same out of the school fund of such district, by warrant drawn 
as in other cases, or that such child or children are taught at 
home in such branches as are usually taught in the public schools, 
subject to the same examination as other pupils of the district in 
which the child resides; or that there is no school taught within 
two miles by the nearest traveled road. [M. A. S., 418.] 

Applied to ages. 

1. The compulsory education law refers to children between the 
ages of 8 and 14 years in third class districts, and to children between 
the ages of 8 and 16 in first class districts. 

2. The compulsory education law does not apply to children under 
8 years of age. 

3. If a child between the ages of 8 and 16 has attended school in 
his district of the third class twelve weeks, eight of which have been 
consecutive, he has complied with the provisions of the compulsory educa- 
tion law pertaining to children in districts of the third class. 

4. The intent of the law pertaining to "no school taught within 
two miles by the nearest traveled road," is to apply to children whose 
bodily or mental condition or whose age would render them unable to 
travel the distance alone in bad weather. 

Demands not met by teaching German. 

5. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

Board can not pay for private instruction. 

6. A school board can not legally contract for the work of instruct- 
ing high school pupils to be done by a private party or corporation and 
pay for it out of public school funds. 

7. A director of a school board has no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another district. Any member so misappro- 
priating the funds of the district can be compelled by process of law to 
refund the money. 

8. Tliei'e is no law authorizing the school board to pay from the 
school fund the board of children who do not live within the vicinity of 
the school. 

Meaning of terms "year'' and "court of competent jurisdiction.'" 

9. The term "year," used in the act entitled, "An act to secure to 
children the benefit of an elementary education," is defined to mean the 
school year. And the term, "A court of competent jurisdiction," used in 
the same act, is defined to mean a justice, a county or a district court. 

41 



§§27-28 COMPULSORY EDUCATION. 

Laio does not prohibit being expelled. 

10. The compulsory attendance law does not prohibit a pupil from 
being expelled from public schools, in proper cases. 



27. Failure to comply with act — misdemeanor — penalty. 

Any parent, guardian or other person failing to comply with 
the provisions of section 2 of this act shall, upon conviction, be 
deemed guilty of a misdemeanor and fined in a sum not less than 
five nor more than twenty -five dollars for each offense; and all 
fines so collected shall be paid into the county treasury and placed 
to the credit of the school district in which the offense occurs. 
[M. A. S., 419.] 

Parents can not avoid law by sending children away. 

1. When a boy's parents live in a school district they can not avoid 
the provisions of the compulsory law by sending their son to another 
locality, the child and the parents being exactly as liable to the previsions 
of the law as if they were keeping him in town and he was not attending 
school. 



28. School director prosecute — failure — penalty. 

It shall be the duty of any school director of the district to 
inquire into all cases of neglect of the duty prescribed in this act, 
and ascertain from the person neglecting, the reason, if any, there- 
for; and he shall forthwith proceed to secure the prosecution of 
any offense occurring under this act ; and any director neglecting 
to secure such prosecution for such offense, within ten days after 
a written notice has been served on him by any taxpayer in said 
district, unless the person so complained of shall be excused by 
the district board of education for the reasons hereinbefore 
stated, shall, upon conviction, be deemed guilty of a misdemeanor 
and fined in a sum not less than ten nor more than fifty dollars; 
and such fine when collected, shall be paid into the county treas- 
ury and placed to the credit of the school district in which the 
offense occurs. All actions for offenses committed under this act 
shall be prosecuted for in the name of the state of Colorado. 
[M. A. S., 420.] 

Duties of directors. 

1. Under the act of 1889, it is made the duty of any school director 
of any school district in this state, to inquire into all cases of neglect of 
a parent, guardian or other pei^son having control of any child or children 
between the ages of eight and fourteen years, to send such child or chil- 
dren to school for a period of at least twelve weeks in each year, and to 
prosecute any person guilty of such neglect. 

2. Any director of any school district wherein an offense is com- 
mitted under the act failing to prosecute the same after it shall be brought 
to his attention, may be deemed guilty of a misdemeanor, and upon con- 
viction thereof may be subject to a fine of not less than ten nor more 
than fifty dollars. 

42 



COMPULSORY EDUCATION. §§29-30-31 

3. School directors of third class district have the authority to 
inquire into all cases of neglect of duty in regard to sending children 
to school, as prescribed by law, and the school directors not only have 
the right to prosecute the perpetrator of the offense, but it is made the 
bounden duty of any director to do so within ten days after a written 
notice has been served on him by any taxpayer of said district. The case 
may be brought before any justice court. 

4. It is the duty of the school board to enforce the compulsory law. 
Complaint of its violation may be made by any elector of the district. 

Funds of district used to prosecute. 

5. The funds of the school district may be used to pay the expenses 
of procedure when it becomes necessai-y to compel parents to send chil- 
dren to school. 

29. Malicious prosecution. 

That upon the trial of any offense as charged herein, before 
any court of competent jurisdiction, if it shall be determined that 
such prosecution was malicious, then the costs in such case shall 
be adjudged against the com])lainant and collected as fines in 
other cases. [M. A. S., 421.] 

Meaning of the terms "year" and "court of competent jurisdiction.'" 

1. The term "year," used in the act entitled, "An act to secure to 
children the benefit of an elementary education," is defined to mean the 
school year. And the term, "A court of competent jurisdiction," used in 
the same act. is defined to mean a justice, a county or a district court. 

30. Attendance at night school equivalent to half time. 

Two weeks' attendance at half time or night school, shall 
be considered within the meaning of the article equivalent to an 
attendance of one week at a day school. [M. A. S., 422.] 

31. Children sent to school — exception — appeal. 

That in all school districts of this state, all parents, guar- 
dians and other persons having care of children shall instruct 
them, or cause them to be instructed, in reading, writing, spelling, 
English grammar, geography and arithmetic. In such districts, 
every parent, guardian or other person having charge of any 
child between the ages of eight (8) and sixteen (16) years, shall 
send such child to a public, private or parochial school for the 
entire school year during which the public schools are in session 
in such district; Provided, however. That this act shall not apply 
to children over fourteen (14) years of age where such child shall 
have completed the eighth grade, or may be eligible to enter any 
high school in such district, or where its help is necessary for its 
own or its parent's support, or where for good cause shown it 
would be for the best interests of such child to be relieved from 
the provisions of this act; Provided, further, That if such child 
is being sufficiently instructed at home by a person qualified, such 

43 



§31 COMPULSORY EDUCATION. 

child shall not be subject to the provisions of this act ; and Pro- 
vided, further, That if a reputable physician within the district 
shall certify in writing that the child's bodily or mental condi- 
tion does not permit its attendance at school, such child shall be 
exempt during such period of disability from the requirements of 
this act. It shall be the duty of the superintendent of the school 
district, if there be such superintendent, and, if not, then the 
county superintendent of schools, to hear and determine all appli- 
cations of children desiring for any of the causes mentioned herein 
to be exempted from the provisions of this act, and if upon such 
application such superintendent hearing the same shall be of the 
opinion that such child is for any reason entitled to be exempted 
as aforesaid, then such superintendent shall issue a written per- 
mit to such child, stating therein his reasons for such exemption. 
An appeal may be taken from the decision of such superintendent 
so passing upon such application to the county court of the county 
in which such district lies, upon such child making such applica- 
tion and filing the same with the clerk or judge of said court 
within ten days after its refusal by such superintendent, for 
which no fee to exceed the sum of one dollar shall be charged, and 
the decision of the county court shall be final. An application for 
release from the provisions of this act shall not be renewed oftener 
than once in three months. [3 Mills (Rev.), 4047a.] 

Applied to districts of the first and second classes. 

1. Sections 25 and 26 do not conflict with section 31, as the latter 
section is a portion of an act applying to districts of the first and second 
classes only, and the former to districts of the third class. 

Section 31 can only be enforced in districts of the first and second 
classes The county superintendent would have the right to request the 
school board to enforce the provisions of sections 25 and 26; but would 
have no power to enforce his demands, except in accordance with the 
provisions of section 28, that is, if the directors refuse to carry out his 
request, then if any taxpayer of that district will make a written request 
upon such director to enforce the law, and said director shall refuse to 
do so, or shall neglect to do so within ten days, he would be liable to a 
fine of not less than ten, nor more than fifty dollars. The county super- 
intendent can make the complaint to the court after the director refuses 
to perform his duty as above. 

Law does not prohiMt a pupil from being expelled. 

2. The compulsory attendance law does not prohibit a pupil from 
being expelled from public school, in proper cases. 

Parents can not avoid law iy sending children aioay. 

3. When a boy's parents live in a school district they can not avoid 
the provisions of the compulsory law by sending their son to another 
locality, the child and the parents being exactly as liable to the provisions 
of the law as if they were keeping him in town and he was not attending 
school. 

DcTnands of law not met hy teaching German. 

4. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 

44 



COMPULSORY EDUCATION. §§32-33 

was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 



32. Children under 14 years not employed — penalty for employing. 

No child under the age of 14 years shall be employed by any 
person, persons, com{iany or corporations during the school term 
and while the public schools are in session, unless the parent, 
guardian or person in charge of such child shall have fully com- 
plied with section one of this act. Every such employer shall 
require proof of such com})liance, and shall make and keep a 
written record of the proof given, which shall be subject to the 
inspection of the truant officer, superintendent of schools, or any 
school director of the district. Any employer employing any 
child contrary to the provisions of this section, shall be fined not 
less than twenty-five nor more than one hundred dollars. [3 Mills 
(Rev.), 4047b.]* 



33. Minors between 14 and 16 must read and write — duty of employer — 
penalty. ; 

All minors over the age of 14 years and under the age of 16 
years who can not read and write the English language, shall at- 
tend school at least one-half day of each day, or attend a public 
night school, or take regular private instruction from some per- 
son qualified, in the opinion of the county superintendent of 
schools, in which such district or the greater portion of the same 
lies, until such minor obtains a certificate from such superintend- 
ent that he or she can read at sight and write legibly, simple 
sentences in English. Every employer employing or having in 
employment any such minor shall exact as a condition of em- 
ployment the school attendance or instruction required by this 
section, and shall on request of the truant officer, furnish the evi- 
dence that such minor is complying with the requirements of this 
section. Every emploj'er failing to comply with the requirements 
of this section as to any minor employed by him or in his employ, 
shall be fined not less than twenty-five dollars, and not more than 
one hundred dollars; Provided, That any employer with the ap- 
proval or consent of the county superintendent of schools may 
make provision for the private instruction of minors in his em- 
ploy. [3 Mills (Rev.), 4047c.] 

Demands of laiv not met l>y teaching German. 

1. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

45 



§§34-35 COMPULSORY EDUCATION. 

34. Truant — who is — juvenile disorderly person. 

Every child within the provisions of this act who does not 
attend school, as provided in section one of this act, or who is 
in attendance at any public, private or parochial school, and is 
vicious, incorrigible or immoral in conduct, or who is an habit- 
ual truant from school, or who habitually wanders about the 
streets and public places during school hours without any lawful 
occupation or employment, or who habitually wanders about the 
streets in the night time, having no employment or lawful occu- 
pation, shall be deemed a juvenile disorderly person, and be sub- 
ject to the provisions of this act. [3 Mills (Rev.), 4047d.] 

School directors must enforce law. 

1. It is the duty of the school board to enforce the compulsory law. 
Complaint of its violation may be made by any elector of the district. 

2. Under the act of 1S89, it is made the duty of any school director 
of any school district in this state, to inquire into all cases of neglect of 
a parent, guardian or other person having control of any child or children 
between the ages of eight and fourteen years, to send such child or chil- 
dren to school for a period of at least twelve weeks in each year, and to 
prosecute any person guilty of such neglect. 

3. Any director of any school district wherein an offense is com- 
mitted under the act, failing to prosecute the same after it shall be brought 
to his attention, may be deemed guilty of a misdemeanor, and upon con- 
victim thereof may be subject to a fine of not less than ten nor more than 
fifty dollars. 

4. School directors of third class districts have the authority to 
inquire into all cases of neglect of duty in regard to sending children to 
school, as prescribed by law, and the school directors not only have the 
right to prosecute the perpetrator of the offense, but it is made the 
bounden duty of any director to do so within ten days after a written 
notice has been served on him by any taxpayer of said district. The case 
may be brought before any justice court. 

Does not prohibit expulsion. 

5. The compulsory attendance law does not prohibit a pupil from 
being expelled from public schools, in proper cases. 



35. Truant officer — powers — duties — record. 

To aid in the enforcement of this act, the board of school 
directors in districts of the first and second class shall have 
power, and it shall be their duty, to appoint one or more truant 
officers whose compensation shall be fixed by the board appoint- 
ing him. The truant officer shall be vested with police powers, 
and shall have authority to enter workshops, factories, stores and 
all other places where children may be employed, and in the way 
of investigation or otherwise, to enforce this act. The truant 
officer shall institute proceedings against any officer, parent, 
guardian, person or corporation who shall violate any of the pro- 
visions of this act, and shall otherwise discharge the provisions 
of this act, and perform such other services as the county super- 



COMPULSORY EDUCATION. §36 

intendent of schools or the board of directors of the school dis- 
trict may deem necessary to preserve the morals and secure the 
jjood conduct of school children, and to enforce this act. The 
truant officer shall keep a record of his transactions for the in- 
sjiection of the county superintendent of schools and of the di- 
rectors of the school district, and suitable blanks shall be pro- 
vided for his use bv the secretary of the school district. [3 Mills 
(Rev.), 4047e.] 



36. Truant officer — duties — conviction of parent — penalty — bond — de- 
fense. 

The truant officer shall examine into any case of truancy 
within his district, and shall warn the parent, guardian, or others 
in charge of the child of the final consequences of truancy if per- 
sisted in. When any child between the ages of eight and four- 
teen years, or any child between the ages of fourteen and sixteen 
years, who can not read and write the English language, or is 
not engaged in some regular employment, or any child between 
the age of fourteen years and sixteen years who has been dis- 
charged from employment to obtain instruction or schooling, is 
not attending school without lawful excuse and in violation of 
the provisions of this act, the truant officer shall notify the 
parent, guardian, or other person in charge, of the fact, and 
require such person to cause the child to attend some recog- 
nized school within five days from the date of the notice, and it 
shall be the dutj^ of such person so to cause its attendance at 
some recognized school. Upon failure to do so, the truant 
officer shall make complaint in the county court of the 
county in which such child lives, against the parent, guardian 
or other person having such child in charge, and upon conviction, 
the parent, guardian or other person in charge, shall be fined not 
less than five dollars nor more than twenty dollars, or the court 
may, in its discretion, require the person so convicted to give a 
bond in the penal sum of |100, with sureties to the approval of 
the judge of such court, conditioned that he or she will cause the 
child under his or her care to attend some recognized school 
within five days thereafter, and to remain at school during the 
term prescribed at law. And upon the failure or refusal of the 
parent, guardian or other person to pay such fine or furnish such 
bond according to the order of the court, the said parent, guar- 
dian or other person shall be imprisoned in the county jail not 
less than ten days nor more than thirty days. For violation of 
the bond, suit may be brought in any court of competent jurisdic- 
tion, in the name of the school district, and the amount recovered 
shall go to the school fund of the district. . If the parent, guar- 
dian or other person shall prove his inability to cause the child 
to attend a recognized school, it shall be a defense, but the child 

47 



§§37-38 COMPULSORY EDUCATION. 

shall be deemed a juvenile disorderly person within the meaning 
of section 4 of this act. [3 Mills (Rev.), 4047f.] 

NOTE— Section 4 above referred to is section 28 herein. 
Truant officers. 

1. The compulsory education law of 1899 applies to children in the 
state between the ages of fourteen and sixteen, who can not read and 
write the English language, or who are not engaged in some regular 
employment. 

Therefore, truant officers of the state are required to act with refer- 
ence to children between the ages of fourteen and sixteen, when the cir- 
cumstances demand, as with children under the age of fourteen; also, 
county courts are required by law to take jurisdiction of such cases. 

Ftmds of district used to enforce law. 

2. The funds of the school district may be used to pay the expenses 
of procedure when it becomes necessary to compel parents to send children 
to school. ; 

37. Juvenile disorderly person — commitment — term — expense. 

Whenever a child shall be a juvenile disorderly person within 
the meaning of this act, the truant officer, or any school teacher, 
or other reputable person, may make complaint in the county 
court of the count}^ in which such child resides. The county court 
shall hear and determine such complaint, and if it is determined 
that such child is a juvenile disorderly person within the mean- 
ing of this act, he or she shall be committed to a children's home, 
if eligible, or to the boys' industrial school or to the girls' in- 
dustrial school, or to some other training school, taking into ac- 
count the years of the child with reference to the insttution se- 
lected. Any child committed to a children's home, on its being 
shown to the judge of said court that it is incorrigible and vicious, 
may be transferred to the industrial school or other proper insti- 
tution. No child committed to anj^ reformatory shall be detained 
beyond its majority, and may be discharged sooner or paroled by 
the trustees or board of control under rules and restrictions ap- 
plicable to other inmates. Any order of commitment may be 
suspended hy the judge of the county court during such time as 
the child may regularly attend school and properly conduct itself. 
The expense of the transportatioh of the child to the juvenile 
reformatory, and of the costs of the case in which the order of 
commitment is made, shall be paid by the county from which the 
child is committed. [3 Mills (Rev.), 4047g.] 



38. Child unable to attend school — relief. 

When any truant officer is satisfied that any child within the 
requirements of this act is unable to attend school because re- 
quired to work at home or elsewhere in order to support itself or 
help or support others legally entitled to its services, the truant 

48 



COMPULSORY EDUCATION. §§39-40-41 

officer shall report the case to the authorities charged with the 
relief of the poor, who shall thereupon afford such relief as will 
enable the child to attend school ; Provided, That such child shall 
not be required to attend more than three hours a day during 
school daj^s. In case the child or its parents or guardians neglect 
or refuse to take advantage of such provision made for its in- 
struction, such child may be committed to a children's home or 
juvenile reformatory, as hereinbefore provided. [3 Mills (Rev.), 
4047h.] 

39. Violation — penalty. 

Any person who violates any provision of this act for which 
a penalty is not herein provided, shall be fined not more than fifty 
dollars. [3 Mills (Rev.), 40471.] 

40. Second conviction — penalty — trial by jury. 

Ever}' person who, after having been convicted once of vio- 
lating any of the provisions of this act shall be convicted a sec- 
ond time of a similar offense, may, in addition to the punishment 
by way of fine elsewhere provided for, be imprisoned not less 
than 10 days nor more than 30 days; Provided, That in all cases 
arising under this act in which a fine or imprisonment may be a 
part of the judgment, trial shall be bv jurv if not waived. [3 
Mills (Rev.), 4047J.] 

41. Not apply to districts without accommodations. 

This shall not apply to school districts in which there are not 
sufficient accommodations in the public schools to seat children 
compelled to attend under the provisions of this act. [3 Mills 
(Rev.), 4047k.] 



49 



COUNTY SUPERINTENDENT. 



42. Election — oath — bond — term of office. 

There shall be elected in each county, at the general election 
in the j^ear one thousand eight hundred and seventy-seven, and 
biennially thereafter, a county superintendent of public schools, 
who shall take office on the second Tuesday of January next suc- 
ceeding that in which such election shall be held. He shall hold 
his office for two years, and until his successor shall be elected 
and qualified. Before entering upon the duties of his office, he 
shall take the oath prescribed by the constitution, and (execute a 
bond payable to the people of the state of Colorado, with two or 
more sureties, to be approved by the board of county commission- 
ers, in penalty of not less than two thousand dollars, to be in- 
creased at the discretion of said board, conditioned upon the 
faithful performance of the duties of his office and the delivery 
of all moneys and property as such superintendent to his suc- 
cessors, which bond shall be filed in the office of the county clerk. 
[M. A. S., 3977.] 

Qualiflcations. 

1. In addition to other qualiflcations, a person to be eligible to the 
office of county superintendent must have resided in the county at least 
one year preceding his election. 

43. Act till successor qualified. ; 

When the term of office of any sheriff, * * * or other 
county officers shall expire, as now provided by law, it shall be 
lawful for such officer, whether re-elected or not, and his depu- 
ties, to continue to perform all the duties of such office until his 
successor shall be duly qualified as required by law. [M. A. S., 
920.] 

44. Failure to qualify — vacancy — appointment. 

Should the superintendent-elect fail to qualify as aforesaid, 
or should there occur a vacancy in said office, the board of county 
commissioners shall at their next meeting after such vacancy or 
failure to qualify occurs, appoint an eligible and suitable person, 
who shall qualify within ten days after his appointment, and 
who shall continue in office until the next general election there- 
after. Should such appointee fail to qualify, as aforesaid, an- 
other appointment shall be made in the same manner, until the 
vacancy shall be filled by appointment or election. [M. A. S., 
3978.] 

50 



COUNTY SUPERINTENDENT. §§45-46 

45. When office becomes vacant. 

Every county office shall become vacant on the happening of 
either of the following events before the expiration of the term 
of office: 

First — The death of the incumbent. 

Second — His resignation. 

Third — His removal. 

Fourth — His ceasing to be an inhabitant of the county for 
which he was elected or appointed. 

Fifth — His conviction of any infamous crime, or any offense 
involving a violation of his official oath. 

Sixth — His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit such oath and bond 
within the time prescribed by law. 

Seventh — The decision of a competent tribunal, declaring 
void his election or appointment. [M. A. S., 924.] 

46. Classification of counties to regulate salaries. 

For the purpose of regulating the amount of compensation 
of county superintendents of schools, the counties of the state 
are divided into seven classes as follows: 

The City and County of Denver, El Paso and Las Animas 
Counties shall be the first class; Pueblo, Weld, Boulder, Fremont 
and Teller Counties shall be the second class; Conejos, Delta, 
Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and 
Otero Counties shall be the third class; Chaffee, Clear Creek, 
Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, 
Rio Grande, Pitkin, Park, Prowers and Saguache Counties shall 
be the fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, 
Montezuma, Morgan, Routt, San Miguel and Yuma Counties shall 
be the fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, 
Mineral. Phillips, Rio Blanco, San Juan, Sedgwick, Summit and 
Washington shall be the sixth class; Dolores and Hinsdale shall 
be the seventh class. County superintendents of schools shall 
receive the following compensation, to be paid quarterly out of 
the county treasury, to wit: In counties of the first class, an 
annual salary of twenty-eight hundred dollars (.f 2,800.00); in 
counties of the second class an annual salary of two thousand 
dollars ($2,000.00); in counties of the third class, an annual sal- 
ary of twelve hundred dollars (f 1,200.00) ; in counties of the 
fourth class, an annual salary of eleven hundred dollars 
(11,100.00); in counties of the fifth class, an annual salary of 
eight hundred dollars (fSOO.OO); in counties of the sixth class, an 
annual salary of five hundred dollars (fSOO.OO) ; in counties of the 
seventh class, an annual salary of one hundred dollars (flOO.OO) ; 
in all but first and second class counties, boards of county com- 
missioners may allow mileage not to exceed ten cents (10c) per 

51 



§§47-48 COUNTY SUPERINTENDENT. 

mile for distance necessarily and actually traveled in the per- 
formance of duty, not to exceed an aggregate of three hundred 
dollars (|300.00)Ver annum in any county. [L. '05, p. 175, § 2.] 



47. Compensation of county superintendents — office hours. 

The commissioners shall provide him with a suitable office 
at the county seat, and all necessary blank books, stationery, 
postage, expressage and other expenses of his office, not other- 
wise provided for, which last mentioned expenses shall be paid 
for from the county fund. He shall keep his office open for the 
transaction of official business such days each week as the duties 
of the office may require. [M. A. S., 3989.] 

NOTE— This portion of original M. A. S. 39S9 not necessarily repealed by 
section 14, page 312 of Session Laws of 1891, and so still remains in force. 

NOTE — The following was the first part of this section prior to the passage 
of L. '91, page 312, section 14, which was amended by L. '99, page 336, section 10, 
which in turn was amended by above section. 

"For the time necessarily spent in the discharge of his duty he shall re- 
ceive five (5) dollars per day, and fifteen (15) cents for each mile necessarily 
traveled one way. He shall, as far as practicable, render an itemized bill of 
his services and mileage, each month or quarter, to the board of county com- 
missioners, and shall make oath that the bill is just and correct; whereupon 
the county commissioners shall order a warrant on the county treasurer, pay- 
able from the general county fund; Provided, That the annual salary so re- 
ceived shall in no case exceed one hundred dollars for each regularly organized 
public school in the county." 

Expenses, how paid. 

1. Section 47 of the annotated school laws provides that all neces- 
sary blank books, stationery, postage, expressage, and other expenses of 
the county superintendent's office, not otherwise provided for, shall be 
paid for from the county fund. 

As to what might be considered necessary expenses other than those 
enumerated, would be a m.atter for the county commissioners to deter- 
mine. 



48. Deputy — how paid. 

If for any cause the superintendent is unable to attend to 
the duties of his office, he may appoint a deputy, who shall take 
the usual oath or affirmation of office, and who may exercise all 
the functions of county superintendent, but such deputy shall 
draw no salary from the public fund; Provided, That the super- 
intendent may receive a per diem for the services of such deputy. 
[M. A. S., 3981.] 

Deputy — compensation. 

1. A county superintendent may employ some one to do the work 
incidental to his ofBce, the person thus employed to be remunerated by the 
county superintendent, except in counties of first class such assistant is 
paid from county treasury. 

52 



COUNTY SUPERINTENDENT. §§49-50-51 

2. Deputy county superintendents, except in counties of first class, 
can only receive a per diem,, such as may be fixed by county superin- 
tendent and allowed by the county commissioners, and a failure to pro- 
vide mileage leads to the conclusion that it was not intended that deputy 
superintendents should receive mileage at all. 

3. A county superintendent of a county of the first class may em- 
ploy a deputy, whose salary shall be fixed by the board of county com- 
missioners, and who shall be paid from the county treasury. 



49. Deputies and assistants of county superintendent — compensation. 

Deputies and assistants may be employed by the sheriffs, 
county clerks, county treasurers, county assessors and county 
superintendents of schools, under the direction of the board of 
county commissioners for said counties respectively, and clerks 
of the district court under direction of the judge of such court, 
and shall be paid salaries out of the fees, commissions and 
emoluments of the office wherein employed (except employes of 
county assessor and of county superintendent, who shall be paid 
out of the county treasury), the compensation and time of service 
to be fixed by the board, the selection of said deputies and 
employes to be made by the officer authorized to employ them; 
Provided, That the provisions of this section relating to the 
county superintendents of schools shall applv only in counties 
of the first class. [3 Mills (Rev.), 1936x.] 

First class county — deputy — salary. 

1. A county superintendent of a county of the first class may em- 
ploy a deputy, whose salary shall be fixed by the board of count^^ com- 
missioners, and who shall be paid from the county treasury. 



50. County superintendent's annual report. 

On the first Tuesday of September in each year, the county 
superintendent shall make a report to the superintendent of 
public instruction for the school year ending June 30 next pre- 
ceding, which rei)ort shall contain an abstract of the reports 
made to him by district secretaries, and such other matters as 
the superintendent of public instruction may direct, and shall 
be in such form and upon such blanks as the superintendent of 
public instruction shall furnish. The county superintendent 
shall retain a copv of all such reports and file the same in his 
office. [M. A. S.,'3982.] 



51. Penalty for failure to report. 

If the county superintendent fails to make a full and cor- 
rect report to the superintendent of public instruction, as pro- 
vided by law, and shall, after written request or notice from 
the superintendent of public instruction, or from the board of 

53 



§§52-53 COUNTY SUPERINTENDENT. 

county commissioners, delay more than ten (10) days after the 
service of such notice to make such report, he shall forfeit the 
sum of one hundred dollars, which sum the board of county 
commissioners may deduct from any money due him; said for- 
feit may, however, be recovered by suit, upon his official bond. 
[M. A. S., 3985.] 



52. Administer oaths. 

The county superintendent shall have power, and is hereby 
authorized, to administer oaths and affirmations to school direc- 
tors, teachers and all other persons in offiical matters relating 
to schools; but shall receive no fee for so doing. [M. A. S., 398G.] 



53. Duties of county superintendents. 

It shall be the duty of the county superintendent to exer- 
cise a careful supervision over the schools of his county, to visit 
each school at least once during each quarter it is in session, 
to see that all the provisions of this act are observed and fol- 
lowed by teachers and school officers; to examine the accounts 
of the district officers to see if such accounts are properly kept, 
and all district funds properly acocunted for; to keep, in a good 
and substantial bound book, a record of his official acts, and of 
other matters required by law to be recorded; to obey the legal 
instructions and decisions of the superintendent of public in- 
struction. He shall also keep a record of the registers, record 
books and order books furnished to the several districts of his 
county; and it shall be his duty to hold county teachers' associa- 
tions whenever, in his judgment, the interests of the school work 
demand it; the records of the county superintendent's office shall 
be open to the inspection of any citizen of the county, and within 
one week from the close of each school year he shall publish in 
some newspaper published in the county, if there be such a 
paper, a statement of the apportionment of school funds for the 
year preceding. [M. A. S., 3984.] 

Sale of school house — when void. 

1. A sale of a school house, unless authorized by vote of the electors 
of the district, is void and may be set aside in the proper proceedings 
instituted by any elector of the district or by the county superintendent. 

Separate reports sent — to whom. 

2. In a district where there are two schools, the district teachers 
should send in separate reports to the county superintendent and secre- 
tary. 

County superintendent may teach. 

3. There is nothing in the school law of this state to prevent a 
county superintendent from teaching in his county on account of his hold- 
ing that ofBce. 

54 



COUNTY SUPERINTENDENT. §53 

Duties. 

4. It is necessary to publish the apportionment made to each dis- 
trict in some newspaper published in your county within one week of the 
close of each school year. > 

5. More than any other person, the county superintendent is the 
one to look after that portion of the school fund arising from fines, for- 
feitures, etc. (Section 115, scWool law.) He should examine the books 
of the county treasurers, records and fee books of justices of the peace 
and clerks of courts, to ascertain whether or not the fines have been col- 
lected, and if collected, whether they have been placed to the credit of the 
proper fund and paid over. 

Can refuse examination papers from another county. 

6. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 

' tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter 
.of comity, and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education has 
no other course than to dismiss the appeal. 

Illegal expenditure of funds — protest — suit to recover. 

7. Any elector of the district or the county superintendent of the 
county, through legal process, may prevent the board from paying out 
money as wages to a teacher when she does not possess the necessary 
license. ' 

Accounts. 

8. The county superintendent has the right to protest against the 
registering of a school warrant when he has reason to suspect fraud, and 
if he has proof of fraud in connection with the warrant, he has the same 
right as an elector of the district to bring proceedings to stop the pay- 
ment of the warrant. 

9. It is the duty of the county superintendent to prevent any illegal 
expenditure of funds, and any citizen of the district may at any time after 
any illegal expenditure bring suit to recover the funds illegally expended. 

10. When funds are used in violation of the law, any elector of the 
district or any county superintendent has the right at any time after said 
funds have been so used, to bring suit to recover the same, the members 
of the school board that signed the illegal warrants being liable for the 
amount involved. 

Powers. 

11. The county superintendent's signature is of no legal value in 
drawing warrants. 

12. As between school dix'ectors and the county superintendent, the 
latter has advisory powers only in arranging course of study, selection of 
books and grading of schools. 

13. A county superintendent has the right to demand the resigna- 
tion of a member of a school board and to institute legal proceedings to 
remove an officer of a school district who is persistently violating the law, 
and any elector of the district has the right to institute proceedings tot 
the same purpose. ■' 

14. A county superintendent has no power whatever to remove a 
member of a school board under any circumstances, even though the tax- 
payers may petition the superintendent to make such removal. 

55 



§54 COUNTY SUPERINTENDENT. 

15. The courts alone have the power to remove a school officer Avho 
fails to do his or her duty. 

16. Where a county superintendent calls a county institute or teach- 
ers' association, he has not the right to rule that the district must pay the 
teacher for the same, as if she had taught school, although the school 
board would have the right to give the teacher such a day and pay her for 
it upon the request of the county superintendent. The right in the matter 
rests with the district board. 



54. Appoint directors. 

The county superintendent shall appoint directors for any 
district which fails to elect, as provided in section 44, and shall 
fill vacancies that may occur in any board of directors by reason 
of death, removal from office or from the district, resignation or 
otherwise, except in the boards of directors of districts of the 
first class, and the officers so appointed shall hold office only un- 
til the ensuing- regular election. [M. A. S., 3987.] 

NOTE— Section 44 above referred to is section 92 herein. 
Vacancies on hoard — how filled. 

1. The appointment of persons to fill vacancies in districts of the 
second and third classes is solely with the county superintendent. If a 
director is absent from his dictrict 30 consecutive days, it is a valid reason 
for appointing his successor in office. 

2. Where a division of a school district places a member of the 
school board in the new district it works a vacancy in the board of the 
old district, and does not make such person a member of the board in 
the new district. A full board must be chosen in the new district and 
all vacancies in the old district filled by appointment made by the county 
superintendent. 

3. Vacancies in school boards of the second and third classes must 
be filled by appointment made by the county superintendent, and the 
person so appointed holds the position until tlie next annual school elec- 
tion. 

4. If the annual election of school directors is not held, and a 
special election is not called within the required ten days thereafter, it 
then devolves upon the county superintendent to fill vacancies by ap- 
pointment. 

5. The statutes give boards of dii'ectors of districts of the first 
class the entire authority to declare and fill vacancies, and with that 
authority, by necessary implication, goes the authority to declare vacan- 
cies, excluding the idea that a county superintendent may have that 
authority. The county superintendent has no right whatever to hold 
that a vacancy exists in the board of a district of the first class until 
such vacancy has been declared by the board itself, or by the courts. 

6. In case a school district has not held its annual meeting to elect 
officers, and vote a tax it becomes the duty of the county superintendent 
to appoint to the vacant positions, and the duty of the county commis- 
sioners to levy the tax for the district. This is in accordance with the 
latter part of section 186 of the school law. 

Director must reside in district. 

7. The law requires that a person who desires to be a candidate 
for a school director must reside in the district, and it necessarily fol- 

56 



COUNTY SUPERINTENDENT. §§55-56 

lows that in order to remain such director, after election he must con- 
tinue to reside therein, and when he permanently removes from the dis- 
trict, he ceases at that instant to be a director. 



55. Boundaries of school districts — record — prepare maps. 

It shall be the duty of the county superintendent to ascer- 
tain the boundaries of each school district in his county, and to 
make and keep a record of the same in a suitable bound booli, 
which record shall show definitely the boundaries of each dis- 
trict. In case the boundaries are found to be conflicting or in- 
correctly described, he shall harmonize the same and make a 
report of such action to the board of school directors whose dis- 
tricts are affected thereby. District officers shall have access to 
such records for the purpose of examination, making copies, or 
for other legitimate purposes. The county superintendent shall 
I))'epare, or have prepared, a map of the county, showing the cor- 
rect boundaries of the districts. [M. A. S., 3988.] 

Boundaries of district. 

1. District boundaries can only be established as specified in the 
school law; they can not be fixed by agreement on the part of members 
of the school boards. 

2. A county superintendent has not the right, after boundaries are 
established in a new district, to record "amended boundaries" for all the 
districts, upon his own motion, changing them from what they were at 
first. 



56. County superintendent compare census list — ascertain number of 
blind and deaf mutes. 

The census list of the several districts shall be carefully ex- 
amined and compared by the county superintendent, and if the 
name of the same person be found upon more than one list he 
shall strike said name from all lists except that of the district in 
which such person was residing in good faith on the 10th day of 
April aforesaid. The residence of an unmarried person of school 
age shall, in all cases, be held to be identical with the bona fide 
residence of the parent or guardian of such person; Provided, 
That such parent or guardian be a resident of the state. If the 
county superintendent find upon any census list the names of 
any persons who he believes were not residents in good faith of 
such district, as aforesaid, he shall notify the secretary certify- 
ing the list, and if said secretary shall not establish the correct- 
ness of the list within fifteen (15) days after such notification, 
such names shall be stricken from the list. At the time of tak- 
ing the annual census, the secretary shall use reasonable dili- 
gence to ascertain the number of blind and deaf mute persons 
resident in the district, between the ages of four (4) and twenty- 
two (22) years, with the name and postoffice address of each. 

57 



§56 COUNTY SUPERINTENDENT. 

Said items shall be embodied in his annual report to the county 
superintendent. [M. A, S., 4018.] 

NOTE' — County superintendent's report on June 1 in each year to super- 
intendent of school for deaf and blind, the names of persons in their counties 
entitled to admission to such school, section 68. 

NOTE— Census defined, section 156. 

Residence defined. 

1. A person's permanent residence is his voting place. 

2. Where a family resides regularly a part of the year in one dis- 
trict and a part of the year in another, the residence for school purposes 
should" be the one held in good faith on the 10th day of April. 

3. The word "residing," as used in section 154, has reference to a 
permanent residence. 

4. If persons spend the winter in town, voting in the town in the 
fall and return to their homes in another district less than thirty days 
previous to a school election, they are not entitled to vote, since their 
action in voting in the November election is a declaration of their resi- 
dence in the town and in removing to another district thirty days pre- 
vious to a school election, even though they claim that as their home, 
they would not have gained the right to vote. 

5. That place shall be considered and held to be the residence of a 
person in which his habitation is fixed, and to which, whenever he is 
absent, he has the intention of returning. 

A person shall not be considered or held to have lost his residence 
who shall leave his home and go into another state or territory or county 
of this state for temporary purposes merely, with the intention of re- 
turning. 

6. Residence under the school law means a person's real home, 
not a temporary abiding place. 

When people move into a town at the beginning of school, expecting 
to return to their permanent home at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such families. 

7. If a person moves his family into a school district for the pur- 
pose of availing himself of the advantages afforded by that district, and 
subsequently, during the school year, removes from the district, he is not 
a resident of such district, within the meaning of the term as used in 
the school law of Colorado. The following is taken from a decision 
of the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014) : 
"Effort has been made to guard against the precipitancy of non-residents 
to points where superior advantages exist, and schools of high order are 
maintained, by holding that such children only are entitled to free tui- 
tion as are actually residing in the district for other reasons, as a main 
purpose, than to participate in the advantages which the school affords." 

8. If a person is holding a homestead claim in good faith, he must 
retain his residence in the school district in which the homestead is 
located. 

9. The fact that a person pays taxes in two counties does not give 
him the right to send children to school in both districts in which the 
taxes are paid. A man's residence can only be in one place, and the place 
where the home is permanently located determines the district where the 
children have a right to attend school. 

10. In the case of a person who had lived in a district for over a 
year and a half and who, after teaching six weeks in the district, went 
away for a certain time, expecting to return, if such a person claimed as 
his residence the district in which he had resided for over a year and a 
half, he would be entitled to vote in the district if possessed of the other 
legal qualifications. 

58 



COUNTY SUPERINTENDENT. §56 

Children's residence — where. 

11. In the case of a family residing in good faith upon a home- 
stead on the 10th day of April, for the purpose of proving up on the 
same, the children of school age should be listed in the district in which 
the homestead is located, although the family may reside during the 
school months, for the purpose of attending school, in another school dis- 
trict. However, if the parents vote in the latter district, they are not re- 
siding upon the homestead in good faith, and in such case the children 
should be listed in the district where the parents vote. 

12. The residence of the parents or guardians determine the school 
district in which the children's names should be listed. In case the 
mother has one legal x-esidence and the father another, the residence of 
the mother determines the residence of the children. 

13. Those pupils who are entitled to attend school in a district 
without paying tuition are those whose parents or guardians may legally 
claim the school district as their residence. 

14. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed to the 
district in which the parents reside, and not in the district in which they 
attend school. 

15. In determining the residence for the purpose of taking school 
census, it matters not where the unmarried person of school age may be 
whose parents or guardian lives in the state, the residence of such person 
is fixed by the J)ona fide residence of the parent or guardian, and this 
must be determined by the census enumerator. 

16. If the parents or guardian of a child remove from a school 
district, claiming a residence elsewhere, the child is not properly a resi- 
dent of the district from which the parent or guardian has moved. 

17. A child who is living with a bona fide resident of a district 
and dependent upon such resident for a living is entitled to attend school 
in such district free, though the parents of such child are living in an- 
other district. 

18. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch 
is located should enroll the children upon the census list. 

Minor's residence — where. 

19. The residence of a minor is the residence of his parents or 
guardian. 

20. An unmarried person under twenty-one can claim residence 
where the parents reside, whether absent from home, at school or at 
work. 

21. Considerable difficulty is sometimes experienced in determining 
"bona fide" residence. The law defines the residence of an unmarried 
person of school age (that is, of a minor) "to be identical with the bona 
fide residence of the parent or guardian of such person; Provided, That 
such parent or guardian be a resident of the state." 

22. An emancipated minor has a right to declare his residence, and 
is entitled to all the school p;-ivileges of the district of which he is, bona 
fide, a resident. 

Renter's residence — where. 

23. If renters renting by the year and having no other hon^e send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

59 



§§57-58 COXJNTY SUPERINTENDENT. 

24. If renters rent by the month, leaving when school is out, and 
having a fixed home elsewhere, the children should be enrolled in the 
district where the fixed home is located. 

25. -If renting by the month and having no home elsewhere, al- 
though leaving when school is out, the children should be enrolled in the 
district where they rent. 

26. If the mother votes in a certain district, living there with the 
children, that would be her residence and the children should be enrolled 
in such district. 

Retain residence — how. 

27. A person may retain his residence in a district, if, at the time 
of leaving the district, it was his intention to return. 

Non-resident — who. 

28. A non-resident of a school district is one whose permanent 
dwelling place is not within the boundaries of that district. 



57. Apportionment of county school fund. 

The county superintendent shall apportion the general school 
fund of the county among the several school districts in accord- 
ance with the provisions of sections seventy-two and seventy- 
three of this chapter, quarterly, to-wit: On the first Monday in 
January, April, July and October, in each year, and he may ap- 
portion the same at other times if there be sufficient money in the 
treasury to require it. He shall certify each apportionment 
promptly to the county treasurer, and shall also notify the secre- 
tary of each district of the amount placed to the credit of his dis- 
trict. [M. A. S., 398.3.] 

NOTE— Sections 72 and 73 above referred to are sections 58 and 59 herein. 
Transference of funds. 

1. If territory is added to a district after the annual census of 
that district has been taken, the names of persons of school age raiding 
in the annexed territory should be added to the census list and the dis- 
trict given its per capita for such additional names. 

2. The laws do not permit the transference of the pro rata of the 
general fund to another district in case of pupils being listed in one dis- 
trict and immediately moving to an adjoining district. 

Basis of apportionment. 

3. According to the school law the county superintendent appor- 
tions the general fund among the districts according to the number of 
persons of school age, as shown by the census lists and reports of the 
districts for the school year immediately preceding. What the per cap- 
ita will be depends upon the amount of funds in the treasury and the 
number of children within your county. 

58. Apportionment of school fund — basis. 

In apportioning the general fund, as directed in section nine- 
teen of this chapter, the county superintendent shall base the 
July apportionment, in each year, on the census lists and reports 

60 



COUNTY SUPERINTENDENT. §59 

of the secretaries of the several districts for the school year next 
preceding, and he shall base all apportionments on said lists and 
reports for a period of one year, except in the case of the appor- 
tionment to new districts, as provided in section thirty-two of 
this chapter. [M. A. S., 4037.] 

NOTE— Sections 19 and 32 above referred to are sections 57 and 90 herein. 

Basis of apportionment of funds. 

1. The apportionment of the general school fund for the year begin- 
ning July 1st, annually, is based on the census list prepared, taken be- 
tween the 10th day of April and 1st of May preceding, and there is no 
exception to this rule, except in case of formation of new districts; nor 
is there any provision whereby this fund can be transferred from one 
district to another, after said census has been taken, although the pupils 
might remove from one district to the other. 

59. Apportionment. 

The county superintendent shall apportion the funds afore- 
said among the districts entitled to the same, according to the 
number of persons of school age, as shown by the census lists 
and reports of the several districts for the school year imme- 
diatelv preceding, as provided in section seventv-two. [M. A. S., 
4038.]' 

NOTE— Section 72 above referred to is section 5S herein. 
Apportionments, when and how made. 

1. There are only two apportionments of the school fund by the 
state superintendent during the year, one in January and one in July. 
Other apportionments, if any, are made by the county suuperintendents. 
(See sections 184 and 57 herein.) 

2. The laws do not permit the transference of the pro rata of the 
general fund to another district in case of pupils being listed in one dis- 
trict and immediately moving to an adjoining district. 



61 



COUNTY TREASURER. 



60. Duties of county treasurer. 

It is hereby made the duty of the county treasurer in each 
county, to keep a separate account with each school district in 
his county, to place to the credit of each the amount of money 
as certified to by the county superintendent, as provided in sec- 
tion nineteen, and to pay over the money so collected, upon the 
presentation of the legally-drawn warrants or orders of the dis- 
trict officers entitled to draw the same; Provided, That if the 
county superintendent shall notify the county treasurer, in writ- 
ing, that there has been a failure on the part of any board of 
directors to comply with the law, and that said money should 
be withheld from said board of directors, he shall retain the 
same until further notice from the county superintendent; on 
or before the 5th day of July in each year, he shall render, to 
the county superintendent of schools, a statement of the receipts 
and disbursements on account of the several districts, of all 
the school funds which have passed through his hands during 
the school year next preceding, and at the same time he shall 
render to each district secretary a statement of receipts and dis- 
bursements of such district. All money which shall become for- 
feited by any district shall be put into the general school fund, 
and be re-apportioned as other moneys. [M. A. S., 3990.] 

NOTE — Fees for collecting- taxes, section 65 herein. 
NOTE — Report fines collected, section 101 herein. 
NOTE— Section 19 above referred to is section 57 herein. 

Legal custodian of school funds. 

1. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of the 
funds only during the times of advertising and subsequent payment. 

2. Funds of first class districts must remain in the hands of the 
county treasTirer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no 
provisions for the handling of the funds. 

Keep account school funds. 

3. The law does not require the county treasurer to keep several 
accounts of the special fund of a district. 

4. A school district can not lawfully transfer its apportionment of 
the general fund or any portion thereof to another district. 

5. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

62 



COUNTY TREASURER. §§61-62 

6. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district and can not be turned into 
the general school fund of the county for reapportionment. 

Penalties — fines. 

7. As a rule, the money for schools from these sources (derived 
from fines, penalties, etc.) should be turned by the county treasurer into 
the general school fund of the county rather than into that of a particular 
district; although fines assessed by justices of the peace may, in some 
cases, go to the credit of the school district in which the action occurred. 
Generally speaking, the proceeds of all fines or forfeitures should be 
placed by the county treasurer to the credit of the general school fund of 
the county, unless otherwise expressly provided by statutes. 

8. County treasurers should place the money arising from fines 
collected, and belonging to the school fund, in the general fund. 

9. The county treasurer is responsible if moneys are turned into 
the wrong fund by him. It is his duty to place money collected from 
fines, forfeitures, etc., to the fund designated by law. 

61. County treasurer certify school moneys collected — pay over — failure 

— penalty. 

The county treasurer shall, on or before the first day of 
January, April, July and October, of each year, certify the 
amount of said tax which shall have been collected, and the 
amount of any other county school money, then in the county 
treasury, to the county superintendent, and shall render him 
a statement of the amount uncollected. The amount unpaid 
shall be collected at any subsequent time, as delinquent taxes, 
are collected, and shall be certified to the county superintendent, 
as aforesaid. Should the treasurer fail at any time to pay over 
the tax, as herein provided, he shall forfeit the sum of one hun- 
dred (100) dollars, and double damages, to be collected on his 
official bond; suit to be brought by the county superintendent, 
for the benefit of his countv [school fund.] [3 Mills Rev.), 
4030.] 

NOTE— County treasurer pa^' school orders, sections 59, 60, 61. 

62. Treasurer keep separate accounts — warrants. 

It shall be the duty of the county treasurer to open and 
keep separate accounts with each school district in his county, 
and hold the funds of each district, subject to the legal warrants 
of the president, as provided by section 53 of this chapter. If 
the legal warrant of any school district in his county be pre- 
sented to the county treasurer when there are no funds in his 
hands to the credit of the district fund against which the war- 
rant is drawn, he shall endorse such warrant "No funds," and 
said warrant shall draw interest from the date of such endorse- 
ment at the same rate as county warrants in like condition. 
The treasurer shall keep a list of all warrants so endorsed, and 
shall pay them whenever there is sufficient money to the credit 
of the proper fund in the order of such endorsement. The in- 

63 



§62 COUNTY TREASURER. 

terest on such warrants shall stop when the treasurer shall give 
notice that he has funds to pay the same; Provided, It shall not 
be lawful for the officers of any district to issue warrants at any 
time in an amount in excess of the tax levy for the current vear. 
[M. A. S., 4033.] 

NOTE — Duties of county treasurer, in matters of school funds, section 60. 
NOTE'— See following section as to time of payment. 
NOTE— Section 53 above referred to is section 73 herein. 

Legal notice. 

1. A legal notice, under this section. Is a publication for twenty 
days in some newspaper, published at the county seat of such county. 

Warrants. 

2. The total amount of school warrants issued must not exceed the 
amount of tax levy for the current year. 

3. "It shall not be lawful for the officers of any district to issue 
warrants in excess of the tax levy for the current year." The "current 
year" is identical with the fiscal year, beginning December 1st and ending 
November 30th. 

4. The above section provides: 

"It shall not be lawful for the officers of the district to issue war- 
rants at any time in any amount in excess of the tax levy for the cur- 
rent year." 

In this provision the words "tax levy" must be construed to mean 
"the revenue of the district," including the county fund, the state fund 
and the fees derived from fines and penalties. 

"If a school district, on account of some unforeseen casualty or ex- 
pense, or for some unexpected failure of revenue, should incur an expense 
in excess of the revenue, it would be its duty to levy a sufficient amount 
of tax the following year to pay such indebtedness, in addition to its 
expense for said year. 

"No warrants can be issued in excess of the revenue, but a certificate 
of indebtedness should be issued, payable out of the revenues of the suc- 
ceeding year, and it would be the duty of the board during the succeeding 
year to draw a warrant for its payment." 

5. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no pro- 
vision for the handling of the funds. 

6. When school districts warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 
It is not legal for the school board to make up the discount. 

7. Warrants in excess of the revenue for the year are void. 

8. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, nor have the directors of a school 
district any legal right to issue orders on the county treasurer, except in 
favor of those parties to whom the district is legally indebted. In the pay- 
ment of school bonds, the district treasurer has control of the funds only 
during the times of advertising and subsequent payment. 

9. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the 
revenues of the district for the current year; therefore an arrangement 
for issuing warrants payable in one, two and three years, the qualified 
voters to vote a levy to be collected in one, two and three years to pay 

64 



COUNTY TREASURER. §§62a-62b-63-63a 

the warrants, would not be legal. The voters have no authority to vote 
a levy except for the current year. It would, therefore, only be possible 
to raise the money by voting bonds for the amount if the electors do not 
wish to levy the whole tax in one year. 

10. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
for what they are worth. It would not be proper for the board to simply 
supplement, by an additional warrant, the shrinkage of irregular warrants 
on account of the discount in the market. The deficit may be made good 
by the board, at a regular meeting, voting to advance the salary so as to 
cover the shrinkage in value of the depreciated warrants. 

11. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

62a. County treasurer cancel all school orders. 

TJiat it shall be be the duty of county treasurers to cancel 
all paid school orders, with a proper cancelling stamp, showing 
the date of payment. [L. '07, p. 563.] 

62b. County treasurer render quarterly statement to school board. 

That it shall be the duty of county treasurers to render to 
the secretary of each board of school directors, quarterly, an 
itemized statement of account of their respective district, show- 
ing: 

(a) The numbers and amounts of all orders paid and 
charged against the accounts of the respective districts; 

(b) The amounts of money received and credited to the 
accounts of the respective districts ; 

(c) The balance due said district at the end of each quarter. 
[L. '07, p. 563.] 

63. Pay school orders as registered. 

It shall be the duty of the county treasurer of each county 
in this state, when there are sufficient funds to the credit of any 
school district, or to the credit of any school fund of any such 
district, to pay in full the principal and interest of any orders 
which may be on such fund, in the order of their registration, 
and if at any time there shall be |200 in the hands of such treas- 
urer, to the credit of any such fund, it shall be his duty to cause 
to be published in some newspaper published at the county-seat 
of such county, for twenty days, a notice that certain school or- 
ders (describing same by numbers and amounts) will be paid 
upon presentation, and at the expiration of said twenty days' ad- 
vertisement such orders shall cease to bear interest. [M. A. S., 
4031.] 

63a. County treasurer furnish blanks to district board. 

That the said county treasurers shall enclose with each quar- 
terly statement, a projter blank upon wiiich the secretary of each 
3' 

65 



§§64-65 COUNTY TREASURER. 

respective board of directors may report to their county treas- 
urer that said canceled orders and statements have been received 
and found correct. 

64. Failure to publish call — penalty. 

Whenever the treasurer of the state of any county, city, 
town or school district shall have in his hands any moneys ap- 
plicable to the payment of any state, city, town, county or school 
district warrant, and shall fail or neglect for thirty days to pub- 
lish a call as provided by law for the presentation and payment 
of warrants, he shall be deemed guilty of a misdemeanor and, 
upon conviction, shall be liable to a fine not less than ten nor 
more than three hundred dollars. [3 Mills (Rev.), 1303a.] 

65. Treasurer's fees — school taxes. 

The county treasurer shall charge and receive the following 
fees and commissions: ****** 

Upon all school taxes in counties of the first class, one per 
cent.; in counties of the second class, one per cent.; in counties of 
every other class, one per cent, on school taxes, and two per cent, 
on town and city taxes. * * * [3 Mills (Rev.), 1899.] 



66 



DEAF AND BUND SCHOOL 



66. Institute located at Colorado Springs. 

There shall be permanently maintained at the city of Colo- 
rado Springs, in the county of El Paso, an institution for the 
support and education of the mute and blind residing within the 
state of Colorado. [M. A. S., 3249.] 

67. Body corporate — name — powers. 

Such institute shall be a body corporate under the name of 
^'Colorado School for the Deaf and- the Blind," and may sue and 
be sued, may take and hold real estate by gift, devise or other- 
wise, for the use and benefit of such school. [3 Mills (Rev.), 

3250.] 

68. Admission of pupils — support — county superintendents — report. 

Every blind, deaf or mute citizen of the state of Colorado, of 
sound mind, over six (6) and under twenty-one (21) years of age, 
shall be entitled to receive an education in said institute at the 
expense of the state. All applicants above the age of twenty- 
one (21) years may be admitted at the option of the board. Each 
county superintendent of common schools shall report on the 
first day of June in each year to the superintendent of the 
school for the education of the deaf and blind, the name, age, 
and postoffice address of every blind or deaf person of suitable 
age for admission to said school, residing in his county, includ- 
ing all such persons as may be too deaf or blind to acquire an 
education in the common schools. Applicants for admission to 
said school from other states, if within the ages prescribed by 
this section, may be admitted upon payment of such a sum quar- 
terly as the board of trustees of said school mav determine. [3 
Mills (Rev.), 3253.] 

NOTE— County superintendent ascertain number of deaf mutes, section 56. 

Attendance not compulsory. 

1. Attendance is not compulsory at the state school for the deaf 
and blind. 



67 



DIRECTORS. 



69. Directors — classification of districts. 

There shall be elected in each school district of this state, 
annually, and in the manner prescribed in section forty-four of 
said chapter, a board of directors. The number of persons that 
shall constitute each board of directors shall be determined as 
follows: The school districts shall be classified into first (1st), 
second (2d) and third (3d) classes. Districts containing a school 
population of more than one thousand (1,000) shall be denomi- 
nated districts of the first (1st) class; districts containing a 
school population of three hundred and fifty (350), and not ex- 
ceeding one thousand (1,000), shall be denominated districts of 
the second (2d) class; and districts containing a school popula- 
tion of less than three hundred and fifty (350) shall be denomi- 
nated districts of the third (3d) class. At the regular election 
in 1887, as provided in section forty-four (44) of said chapter, 
all districts in the first (1st) class, shall elect by ballot, one (1) 
director for three (3) years; and at the regular election in 1888, 
one (1) director for three (3) years and one (1) director for 
four (4) years; and at the regular election in 1889, one (1) di- 
rector for four (4) years and one (1) director for five (5) years; 
and annually thereafter there shall be elected one (1) director 
for five (5) years. All districts of the second and third classes 
shall elect one (1) president for three (3) years, one (1) secretary 
for two (2) years, and one (1) treasurer for one (1) year, and an- 
nually thereafter there shall be elected for three (3) years a 
person to fill the vacancy occurring; Provided, That this shall 
not apply to districts of the second and third classes already 
organized. School boards of the first class shall, at their first 
meeting after their election, elect a president, who shall be a 
member of the board, a secretary, who may or may not be a 
member of the board, and a treasurer who shall not be a mem- 
ber of the board, and who shall hold office for one year and until 
their successors are elected and qualified. In districts of the 
first and second classes, the boards, after organization, shall ex- 
ercise all the power given the electors of districts of the third 
class, as specified in section sixtv-three of said chapter. [M. A. 
S., 4005.] 

NOTE— Sections 44 and 63 above referred to are sections 92 and 98 herein. 

Qualifications of directors. 

1. There is nothing in the laws of Colorado to prevent a person who 
fills the office of district judge from also filling that of school director, the 
two offices belonging to an entirely different class. 

68 



DIRECTORS. §69 

2. The fact that two members of a school board are of one family, 
and the further fact that another member became a resident of the 
district for the sole purpose of becoming an officer, so long as he is an 
actual resident, would not affect the regularity of the organization of the 
board. 

3. The length of residence required in Colorado to constitute eligi- 
bility to the office of school director is twelve months. 

4. The fact that an elector is not a taxpayer does not disqualify him 
from holding office, either by election or by appointment. 

5. There is no section of the school law which requires any one 
elected president of the school board in a first class district to take an 
oath of office as president of the board if he has, upon his election by the 
people as a member of the board, taken the required oath. 

Election of directors. 

6. School districts of the second and third classes organized after 
the annual school election of 1907, should elect officers to hold until the 
annual school election of 1908, at which time, a president should be 
elected for three years, a secretary for two years, and a treasurer for 
one year. 

7. School districts of the second and third classes organized since 
April 4, 1887, should elect, at the annual school election in 1908, one presi- 
dent for three years; in case of a vacancy in the office of secretary, one 
should be elected for a term of two years; and in case of a vacancy in 
the office of treasurer, one should be elected for one year. 

8. School districts of the second and third classes organized prior 
to .April 4, 1887, and subsequent to March 20, 1877, should elect at the 
annual school election in 1908, a treasurer for three years: in case of a 
vacancy in the officce of president, one should be elected for two years; 
and in case of a vacancy in the office of secretary, one should be elected 
for one year. 

9. School districts of the second and third classes organized prior 
to March 20, 1877, should elect at the annual school election in 1908 a 
secretary for three years; in case of a vacancy in the office of treasurer, 
one should be elected for two years; and in case of a vacancy in the 
office of president, one should be elected for one year. 

Classification of districts. 

10. A school district of the second class having become a first class 
district, the board, at the first meeting after election, should proceed to 
elect new officers (president, secreta-v and treasurer), as provided in 
section 69. The officers of the old district do not hold over after the 
change has been effected. 

There is no way in which a district could be declared to be a first 
class district simply because its census list is known before the time of 
the school election of this year to have reached the number required for 
a first class district. When the census list of any year shows that a dis- 
trict contains the required school population to entitle it to become a first 
class district, the organization as a first class district is made through 
electing a board of five members at the next annual election. 

11. Directors can not exercise the powers given electors of dis- 
tricts of the third class, after filing annual census of 350 children previous 
to the annual election. The board will reorganize after the annual elec- 
tion and after the census list is examined, compared as required of the 
county superintendent in section 186 of the school law, and is found 
to be correct in giving the district the necessary number for a second 
class district. 

69 



§70 DIRECTORS. 

Witness fees not alloioecl. 

12. School directors are not legally entitled to witness fees in a 
case where the district is a party. 

Secretary and treasurer — offices distinct. 

13. The law makes distinct specifications in regard to the separate 
offices of secretary and treasurer in a first class district, making those 
offices as distinct as in third class district, where different persons must 
be elected as to the two offices. The business of the district could not be 
legally transacted with one person acting in the two capacities. 

14. The offices of secretary and of treasurer of first class districts 
are distinct and should be filled by two different persons. 



70. Directors qualify within twenty days — vacancies — treasurer's bond 
and report — oath of office. 

The directors shall each, within twenty (20) days after his 
or her election, appear before some officer authorized to admin- 
ister oaths, and take oath that he or she will faithfully perform 
the duties of his or her office required by law, which oath shall 
be filed with the county superintendent; and, in case of failure 
so to qualify, his or her office shall be deemed vacant, and the 
county superintendent shall appoint a suitable person, who 
shall qualify immediately. If the amount of money liable to 
come into the hands of the treasurer, in the discharge of his 
official duties, exceed twenty dollars at any one time, he shall 
be required to give bond in double the amount of money liable 
to come into his hands, said bond to be approved by, and filed 
with, the county superintendent. The directors-elect shall take 
office immediately after qualifying, as aforesaid; Provided, That 
any district treasurer, who shall refuse to give bond as above, 
when required to do so by the other members of the board, shall 
be disqualified from receiving any money on district account 
until a satisfactory bond is executed. The oath of office re- 
quired in this section may be administered by a president of a 
school board; and it is hereby made the duty of the district 
treasurer of all first class districts to publish, semi-annually, in 
some newspaper published within the county wherein such dis- 
trict may be located, a complete and full report of all receipts 
and expenditures of the said district's funds. [M. A. S., 4011.] 

Oath of directors. 

1. All school directors are required by law to file an oath of office 
with the county superintendent. This applies to all districts in Colorado, 
including those organized in cities existing under a special charter. 

2. The term of office of a school director does not extend until his 
successor is duly elected and qualified, but expires with the annual school 
election day at the close of the term for which he was elected or ap- 
pointed. 

3. Failure of a school director to file oath within the time required 
by law does not create a vacancy in the office; Provided, he has taken the 
required oath before the proper officer within the required time. 

70 



DIRECTORS. §70 

4. The secretary of a school district of the second or third class 
can not administer the oath of office to the president. The oath may be 
administered by the president of any school board, or by the county su- 
perintendent; and, of course, by any person such as notary public, jus- 
tice of the peace, etc., qualified by law to administer oaths. 

5. It is lawful for a president of one school district to administer 
the oath of office to the board of another school district. 

Directors qnalify in twenty days. 

6. The law provides that the directors shall qualify within twenty 
(20) days after their election, and as there is no provision that directors 
who are elected to succeed themselves shall not file a new oath of office, 
such oath should be filed. 

7. A person elected to the oflSce of director of a school district can 
not legally qualify after the expiration of twenty days from election. By 
operation of the law, in case of failure of the director-elect to qualify 
within twenty days, the office becomes vacant. 

8. If the president of a school board is duly elected, but fails to 
qualify within the legal time, the office becomes vacant and the county 
superintendent should appoint some one in his place. 

Vacancies, how filled. 

9. Vacancies that may occur in a district of the second or third 
class, through failure to qualify, or through absence from the district, 
death, resignation, removal or otherwise, are to be filled by appointment 
of the county superintendent only until the ensuing regular election, at 
which time the vacancies shall be filled for the unexpired terms, not for 
regular full terms. 

10. A school director appointed by the county superintendent to 
fill a vacancy holds office until the ensuing regular election. 

11. To fill a vacancy on the school board in a joint district, the 
county superintendents of such district should confer, since their duties 
are joint and equal in such district, and appoint as a member of the 
board some one living in the district who would prove satisfactory to 
both counties. 

Bond of directors. 

12. The law does not provide that it is a duty of the county super- 
intendent to send bonds to newly elected directors. 

13. A county superintendent is the proper person to approve of the 
official bond of a school director, and if a person elected to that office 
can not give a satisfactory bond, it works a vacancy in the board after 
twenty days from his election. 

14. A county superintendent has authority to require a district 
treasurer to give bond in double the amount of money liable to come 
into his hands, if such amount exceeds twenty dollars. 

Directors must reside in district. 

15. The law requires that a person who desires to be a candidate 
for a school director must reside in the district, and it necessarily fol- 
lows that in order to remain such director, after election he must con- 
tinue to reside therein, and when he permanently removes from the dis- 
trict he ceases at that instant to be a director. 

Who may he a director. 

16. The mayor of a town may also legally hold the office of school 
director, Inasmuch as the duties of mayor and school director do not 
conflict. 

71 



§§71-72 DIRECTORS. 

71. Regular meetings of board — special — adjourned. 

The regular meeting of each board shall be held on the last 
Saturday of March, June, September and December. The board 
may, however, hold such other regular, special or adjourned meet- 
ings as they may from time to time determine, or as may be spe- 
cified in their by-laws. [M. A. S., 4014.] 

Meeting place — notice of meeting. 

1. If the school board chose to revoke its rules concerning the place 
where a school meeting must be held, it would have a right to do so. 

2. A meeting of a school board can not be properly held unless 
reasonable notice has been given to all members. 



SPECIAL DISTRICT MEETINGS. 

72, Special meetings in districts of third class. 

In any district of the third class, the board of directors 
may at any time call a special meeting of the electors of such 
district, for any of the purposes specified in section sixty-two 
of this act, and it shall be their duty to call such meeting if peti- 
tioned so to do by t^n (10) legal voters of the district. Notices, 
specifying the time, place and object of such meeting, shall be 
posted in three (3) public places, one of which shall be at the 
place of meeting, at least twenty (20) days prior to the time of 
holding such meeting. [M. A. S., 4026.] 

NOTE— Classes of districts— election of directors, section 69. 
NOTE— Section 62 above referred to is section 98 herein. 

Purpose of meeting. 

1. In a third class district the tax levy has to De submitted to the 
voters. Twenty days' notice of special meeting for this purpose must be 
given. 

2. The question of uniting two contiguous school districts may be 
voted on at the annual school meeting in May, providing the necessary 
notice for a special meeting be given — that is, notices stating the purpose 
of the meeting must be posted at least twenty days before the time the 
meeting is to be held. The notices for the annual meeting will be suffi- 
cient notice if in addition to the notice of the election, a statement of 
the special business to be transacted is made, and at least three notices 
are posted in the district twenty days previous to the date of the meet- 
ing, instead of the six days' notice, which is all the time that is required 
for the annual meeting. 

,3. It is considered illegal to transact any business at a special 
meeting, except that for which the special meeting was called. 

4. The location of a school house is for no definite time. A vote 
may be taken on the question of moving the school house as often as a 
meeting for the purpose can be legally called. 

5. According to legal decisions in this state, a special tax can be 
voted at other than the annual meeting. Paragraph 4, section 98, of the 
school law has been interpreted, in connection with the introduction of 
section 98, to authorize this. 

72 



DIRECTORS. §72 

6. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy 

7. If a teacher has been employed to teach a certain department of 
a school, the school board would not have the right to close another de- 
partment and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. The only way by which a teacher's 
salary can be legally increased during the term for which she is em- 
ployed would be at a regular or special meeting of the school board. 

8. It is illegal for two membei's of the board to transact business 
that has not been decided upon at a isgular or special meeting of tl.e 
board. If the specifications in re.gard to the digging of the well were 
definitely stated at a regular or special meeting, it would be necessary 
to call another meeting of the board to change those specifications. 

9. Section 72 provides for the relief of the electors, in case the board 
do not make necessary provisions for the schools. 

10. If a special school meeting has been legally called in a school 
district for the purpose of voting upon any question or questions men- 
tioned in said notice, a majority vote of those present decides the matter 
submitted. 

]\lotice of special meetings. 

11. The law provides that notices specifying the time, place and ob- 
ject of special meeting shall be posted in three public places, one of which 
shall be at the place of meeting, at least twenty (20) days prior to the 
time of holding such meeting. 

Since the notice was not posted the length of time required by law, 
the meeting was not legally called. The directors may call another 
meeting. 

12. A special meeting of the voters of a district is legal only when 
twenty days' notice of such meeting is given. 

13. The notice calling a special meeting is legal, even though the 
date of the notice has been omitted; Provided, That said notice has been 
posted the required number of days, and the special meeting was called 
at a regular meeting of the school boart at which a quorum was present. 

14. A meeting of a school board can not be properly held unless 
reasonable notice has been given to all members. 

15. A special meeting if called and held in accordance with the pro- 
visions of the law is legal, even though the county superintendent is not 
notified of the meeting. 

16. When the president of a school board calls a meeting, the notice 
would not meet the requirements of the law unless the time and place of 
meeting were definitely specified. 

17. More than one question can be voted upon at a special meeting 
of the electors of a third class school district; Provided, Each question is 
separately stated in the notice of such meeting. 

Who may call. 

IS. As to whether or not the president of the board has power to 
call a special meeting when he desires so to do, depends altogether upon 
the by-laws governing the board. 

19. At a regular meeting of a school board, two members of said 
board, constituting a quorum, can legally call a special meeting. 

73 



§73 DIRECTORS. 

Valid tfiougfi not reported to county superintendent. 

20. In the case of a special meeting legally held the business there 
transacted would not be invalidated through the failure of the secretary 
to send a formal report ,to the county superintendent of the business thus 
transacted, although it is the duty of the secretary to send such a report. 

Taxes — when illegal. 

21. In the call or notice of a special or annual school meeting it is 
illegal to specify the amount of a proposed levy and to require electors to 
vote for or against the levy thus proposed, without discussion or amend- 
ment. 

Yote of district. 

22. Section 128, school law, provides that in districts of the first 
and second classes, that no school board shall build or lease any building 
especially for high school, unless authorized to do so by a vote of the 
district, as provided in section 72, which provides for the manner in which 
the meeting shall be called. 

Two directors transact "business. 

23. If all the directors were legally notified of the special meeting 
and one failed to attend, the two members present could legally transact 
the business for which the said meeting was called. 



73. President sign orders — appear in suits — absence — vacancies. 

The president, when present, shall preside at all meetings 
of. the board and of the district; shall sign all orders on the 
county treasurer for the payment of money; Provided. That no 
orders shall be drawn upon the county treasurer except in favor 
of parties to whom the district has become lawfully indebted. 
He shall appear in behalf of his district in all suits brought by 
or against the same, but when he is individually interested, this 
duty shal be performed by the secretary, and in the absence of 
the president the secretary shall preside at board and district 
meetings. Absence from the district of any school officer, when 
prolonged beyond thirty consecutive days, may be held to work 
a vacancy in said office, which may be filled according to law. 
[M. A. S., 4017.] 

Orders signed hy president. 

1. A contract made by a majority of the school board is a legal 
contract; Provided, Such contract is made at a regular meeting of which 
all directors had legal notice. The law makes it mandatory that the 
president sign all orders on the county treasurer for the payment of 
money; Provided, That no orders shall be drawn upon the county treas- 
urer except in favor of parties to whom the district has become lawfully 
indebted. 

Auditing of Mils against district. 

2. The auditing of bills against a school district must be performed 
by the board of directors at a meeting thereof, and vouchers or warrants 
issued for the payment of such bills are legal only when issued by a vote 
of a majority of the board at such meeting. 

74 



DIRECTORS. §73 

3. A debt can only be contracted by a majority of the members of 
the board at a regular meeting, or at a special meeting called for that 
purpose. As the auditing of bills for an indebtedness is an entirely sep- 
arate act from the contracting of the same, it necessarily follows that 
they must be performed at different times. The bills should be audited 
at a meeting of the board of directors, and the vouchers or warrants for 
such indebtedness be ordered issued by a majority of said board. 

Compensation of secretary. 

4. A school board has the right to fix the compensation to be al- 
lowed the secretary for the time necessarily spent in the service of the 
district, as required by law or as directed by the board, and in section 
73 of the school law it is stated that no orders shall be drawn upon the 
county treasurer (by the district board) except in favor of parties to 
whom the district has become lawfully indebted. It is the province of the 
board to decide the proper compensation for the secretary's duties, pro- 
viding always that the board's provision for such compensation is just 
and reasonable and in compliance with the law. 

District warrants. 

5. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

6. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
at their face value. It would not be proper for the board to simply supple- 
ment, by an additional warrant, the shrinkage of irregular warrants on 
account of the discount in the market. The deficit may be made good by 
the board, at a regular meeting, voting to advance the salary so as to 
cover the shrinkage in value of the depreciated warrants. 

7. A warrant sent to, and receiving the signature of, a director 
while absent from the state is legal. 

8- The auditing of bills against a school district must be performed 
by the board of directors at a meeting thereof, and vouchers or warrants 
issued for the payment of such bills are legal only when issued by a vote 
of a majority of the board at such meeting. 

Suits against district. 

9. If a suit is brought against a district, it is the duty of the di- 
rectors to defend it, to employ an attoi-ney if necessary, who may be paid 
from the district's funds; but if the suit is against the board of directors, 
or any of them, for failure to comply with the law, any cost for defense 
must not be charged against the district. 

10. If an attorney is employed to defend an action brought against 
the district, then the district must pay his fees; but if brought against the 
individual directors, they must pay their own attorneys' fees. 

Vacancies. 

11. Vacancies that may occur in a district of the second or third 
class, through failure to qualify, or through absence from the district, 
death, resignation, removal or otherwise, are to be filled by appointment 
of the county superintendent only until the ensuing regular election, at 
which time the vacancies shall be filled for the unexpired terms, not for 
regular full terms. 

12. Absence from the district of any school officer when prolonged 
beyond thirty consecutive days may be held to work a vacancy in said 
office and gives the county superintendent a right to appoint some one 
else in his place. The fact that his absence was unavoidable and that 
his family repiain in the district does not change the condition. 

75 



§74 DIRECTORS. 

13. If a director is absent from a district for thirty days, no mat- 
ter whether he still retains his residence in the district and expects to 
return to the district, the county superintendent should appoint a person 
to fill his place, if he considers that the educational interests of the dis- 
trict suffer through the absence of the original director. 

14. The clause, "Absence from the district of any school officer, 
when prolonged beyond thirty days, may be held to work a vacancy in 
said office," is construed to mean being out of the district for more than 
thirty days. 

15. The absence of a school director from his district for a period 
of thirty days gives the county superintendent a right to appoint some 
one else in his place. It is not compulsory that the county superintendent 
appoint some one in the place of the absent member, but he should do so 
if, in his judgment, the interests of the district are suffering from such 
absence, or if the electors demand such appointment. 

16. When a school director of a third class district removes his 
family from the district, going with them himself, but retaining his post- 
office address in the district and coming into said district once in thirty 
days only, he ceases to be a 'bona fide resident of such district and his 
office becomes vacant. 

17. A school director appointed by the county superintendent to fill 
a vacancy holds office until the ensuing regular election. 

18. The law requires that a person who desires to be a candidate 
for school director must reside in the district, and it necessarily follows 
that in order to remain such director, after election he must continue to 
reside therein, and when he permanently removes from the district, he 
ceases at that instant to be a director. 

19. If the director has permanently removed from the district, 
and the county superintendent refuses to declare a vacancy, or appoint a 
successor, such action by the board or county superinteOTent could be 
appealed to the state board of education as in other cases. 



74. Duties of secretary — bond. 

Before entering upon the duties of h'm office, the secretary 
shall execute a bond, with two sureties, in the penal sum of five 
hundred (500) dollars in districts of the first and second classes, 
and the penal sum of one hundred (100) dollars in districts of 
the third class, conditioned upon the faithful discharge of his 
official duties and the delivery of all district property pertaining 
to his office over to his successor, within ten days after a demand 
is made for the same by a qualified successor, said bond to be 
approved by and filed with the county superintendent. The sec- 
retary shall record all proceedings of the board and of district 
meetings in a book or books, kept for that purpose; shall pre- 
serve copies of all reports made to the state or county superin- 
tendents; shall file all papers transmitted to him by other school 
officers pertaining to the business of the district; shall draw and 
countersign all warrants or orders issued by the board; shall 
keep a register or stub of all orders drawn, showing the number 
of the order, date, amount, in whose favor and for what pur- 
pose drawn. Immediately after the election of one or more di- 
rectors, according to law, he shall transmit to the county super- 
intendent a statement giving the name and postoffice address of 

76 



DIRECTORS. §74 

the president, secretary and treasurer, respective!}', of the boards 
of directors. Between the 10th day of April and the 1st day of 
May, in each year, the secretary, or some person authorized by 
him, shall take a census of all persons over six years and under 
twenty-one years of age, who were bona fide residents of the dis- 
trict on the 10th daj'^ of April aforesaid. The names so listed 
shall be arranged alphabetically, and be so classified as to dis- 
tinguish between male and female. The census list shall be 
sworn to as correct by the person taking the same, and, if such 
person be other than the secretary, shall be certified by the sec- 
retary, and shall be forwarded to the county superintendent on 
or before the first day of June of the current school year. In 
districts of first and second classes a copy shall be delivered to 
the principal teacher or superintendent of the districts, and in 
all cases a copy shall be retained in the office of the secretary. 
[M. A. S., 4019.] 

Duties of secretary. 

1. The secretary is the proper custodian of the books, papers and 
documents of a district school board, and is the one authorized to draw 
all warrants issued by the board, these to be countersigned by the presi- 
dent and treasurer. 

2. It is not the duty of the secretary of the board to draw a war- 
rant unless the order for such warrant appears upon the written records 
of the board. 

3. If a secretary of a school board should falsify his records, he 
would violate his bond. 

Census list. 

5. The census list may be sworn to before any officer authorized to 
administer oaths. 

6. The names of all persons of school age must be included in the 
census. The law makes no exception in regard to married persons. 

Residence in district — hoio determined. 

7. The fact that the head of a family pays a tax in a certain 
school district does not of itself give his children the privileges of the 
school in that district. Children may attend school free of charge only 
in the district in which their parents or guardians are iona fide residents. 

8. If the home of a family is certified to be in a district, and if 
the children have been listed upon the school census of that district, the 
children would have the right to attend the school without tuition, even 
if the family spends a large part of the year elsewhere. In the case of 
pupils attending before the family moves into the district for the winter, 
the same rule would apply. 

If the district is the declared home of the family, and if the chil- 
dren have been previously listed upon the census list, they would have 
the right to attend the school without tuition, even if the remainder of 
the family were at present residing elsewhere. 

9. Since the parent is a resident of the state, the boy's residence 
should be held to be identical with the bona fide residence of the parent. 

If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would not have the right to attend in another district, without 
paying tuition. 

77 



§74 DIRECTORS. 

10. The residence of the parents or guardians determines the school 
district in which the children's names should be listed. In case the 
mother has one legal residence and the father another, the residence of 
the mother determines the residence of the children. 

11. An emancipated minor has a right to declare his residence, and 
is entitled to all the school privileges of the district of which he is, bona 
fide, a resident. 

12. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed in the 
district in which the parents reside, and not in the district in which they 
attend school. 

13. Where a family resides regularly a part of the year in one 
district and a part of the year in another, the residence for school pur- 
poses should be the one held in good faith on the 10th day of April. 

14. That place shall be considered and held to be the residence of 
a person in which his habitation is fixed, and to which, whenever he is 
absent, he has the intention of returning. 

A person shall not be considered or held to have lost his residence 
who shall leave his home and go into another state or territory or county 
of this state for temporary purposes merely, with the intention of return- 
ing. 

15. A non-resident of a school district is one whose permanent 
dwelling place is not within the boundaries of that district. 

16. The residence of a minor is the residence of his parents or 
guardian. 

17. If a person moves his family into a school district for the pur- 
pose of availing himself of the advantages afforded by that district, and 
subsequently, during the school year, removes from the district, he is not 
a resident of such district, within the meaning of the term as used in 
the school law of Colorado. The following is taken from a decision of 
the supreme court of "Wisconsin (N. W. Rep., Vol. 41, page 1,014): 
"Effort has been made to guard against the precipitancy of non-residents 
to points where superior advantages exist, and schools of high order are 
maintained, by holding that such children only are entitled to free tuition 
as are actually residing in the district for other reasons, as a main 
purpose, than to participate in the advantages which the school affords." 

18. Considerable difficulty is sometimes experienced in determining 
"hona fide" residence. The law defines the residence of an unmarried 
person of school age (that is, of a minor) "to be identical with the bona 
fide residence of the parent or guardian of such person; Provided, That 
such parent or guardian be a resident of the state." 

19. A person may retain his residence in a district, if, at the time 
of leaving the district, it was his intention to return. 

20. The word "residing," as used in section 154 of the school law, 
has reference to a permanent residence. 

21. An unmarried person under twenty-one can claim residence 
where the parents reside, whether absent from home, at school or at 
work. 

22. Every unmarried person under twenty-one is entitled to draw 
school money. 

23. In determining the residence for the purpose of taking school 
census it matters not where the unmarried person of school age may be 
whose parent or guardian lives in the state, the residence of such person 
is fixed by the bona fide residence of the parent or guardian, and this 
must be determined by the census enumerator. 

24. The fact that a person pays taxes in two counties does not give 
him the right to send children to school in both districts in which the 
taxes are paid. A man's residence can only be in one place, and the 

78 



DIRECTORS. §74 

place where the home is permanmtly located determines the district 
where the children have a right to attend school. 

25. Residence under the school law means a person's real home, 
not a temporary abiding place. 

When people move into a town at the beginning of school, expecting 
to return to their permanent home at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such families. 

26. If the parents or guardian of a child remove from a school 
district, claiming a residence elsewhere, the child is not properly a resi- 
dent of the district from which the parent or guardian has moved. 

27. A child who is living with a bona fide resident of a district 
and dependent upon such resident for a living is entitled to attend school 
in such district free, though the parents of such child are living in 
another district. 

28. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own 
in another district as soon as school is out, the district in which the 
ranch is located should enroll the children upon the census list. 

29. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

If renters rent by the month, leaving when school is out, and having 
a fixed home elsewhere, the children should be enrolled in the district 
where the fixed home is located. 

If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the district 
where they rent. 

If the mother votes in a certain district, living there with the chil- 
dren, that would be her residence and the children should be enrolled in 
such district. 

80. A person of school age can not be enrolled in the school census 
of a district in which he does not reside, though his father is employed 
and boards in said district and claims his residence therein, when it 
appears that such person of school age has never actually been in said 
district and when ho actually lives in a foreign country or state or when 
he is properly enrolled in any other school district in this state. 

31. It 'would not be legal to enroll the persons of school age belong- 
ing to the state industrial school in Jefferson county upon the census lists 
of the school district or districts whei'e the school is located, providing 
such persons have a residence elsewhere. The names of such persons 
would appear upon the census lists and would draw from the general 
school fund for the benefit of the districts in which is their true residence, 
and the state makes its own special provision for the education of such 
persons in the industrial schools. 

32. If the married woman referred to owns a home in the district, 
pays taxes on the same, and makes her home there during the greater 
portion of the year and has her children on the census list, she is entitled 
to send her children to the school in that district without paying tuition, 
although her husband may live on a farm in another district. 

33. Indian children of school age, living within the boundaries of a 
school district, should be included in the census list, but Indian children 
attending the Indian school should not be included in the district in 
which the Indian School is located, but in the districts in which their 
parents live. 

Census of deaf and hUnd. 

34. Deaf mutes and blind persons between the ages of six an(i 
twenty-one should be included in the school census. 

79 



§75 DIRECTORS. 

Apportionment of school fund based on census. 

35. The apportionment of the general school fund for the year 
beginning July 1st annually is based on the census list prepared, taken 
between the 10th day of April and 1st of May preceding, and there is no 
exception to this rule, except in case of formation of new districts; nor 
is there any provision whereby this fund can be transferred from one 
district to another after said census has been taken. 



75. Further duties of secretary — report. 

The secretary shall keep an accurate account of the ex- 
penses incurred by the district, and shall present the same to 
the board whenever called upon. He shall give the required no- 
tice of all regular and special meetings, as herein authorized. 
On or before the first day of August of each year he shall make 
out and file in the office of the county superintendent, a report 
of the affairs of his district. Said report shall be made upon 
blanks prepared by the superintendent of public instruction 
containing such items of information as the said superintend- 
ent shall require, including the following, viz.: 

First — The number of persons, male and female, each, in his 
district, between the ages of six (6) and tv/enty-one (21) years. 

Second — The number of schools and the branches taught in 
each. 

Third — The number of pupils in each school. 

Fourth — The number of teachers employed, in each school, 
and the compensation of each per month. 

Fifth — The number of days the school was taught during 
the year then past and by whom. 

Sixth — The number of pupils enrolled during the year; the 
average daily attendance. 

Seventh — The average cost of school per month for each 
pupil, based upon the total enrollment, and also the average 
cost, based upon the average daily attendance. In estimating 
these averages the secretary shall take account of the teachers' 
w^ages; all current expenses, and six per cent, interest upon a 
fair valuation of all property belonging to the district. 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library of each school. 

Tetith — The aggregate amount paid teachers during the 
year, and the average monthly pay of teachers. 

Eleventh — The number of public school houses, and the esti- 
mated value of each. 

Twelfth — The amount raised by tax in the district during 
-.the year for school library. 

Thirteenth — The amount raised by subscription or by other 
:means than by tax. 

80 



DIRECTORS. §§75a-75b 

Fourteenth — The amount of special tax levied for the sup- 
port of schools and for building sites, and furniture. 

Fifteenth — The amount of money on hand at the beginning 
of the year then past. 

Sixteenth — The amount of money received from all other 
sources than those herein specified. 

Should the secretary fail to file his report, as above directed, 
he shall forfeit the sum of one hundred (100) dollars, and shall 
make good all loss resulting to the district from such failure. 
[M. A. S., 4020.] 

Secretary give notice. 

1. A meeting of a school board can not be properly held unless 
reasonable notice has been given to all members. 

2. The secretary of the board would have no authority to post 
notices calling a meeting at any other than the regular place of meeting 
without the consent of at least one of the other members of the board. 

Valid though not reported to county superintendent. 

3. In the case of a special meeting legally held, the business there 
transacted would not be invalidated through the failure of the secretary 
to send a formal report to the county superintendent of the business thus 
transacted, although it is the duty of the secretary to send such a report. 

Special tax levy. 

4. The special tax levy should be made previous to sending in the 
annual report of the secretary of the district. The levy can be certified 
to legally by two members of the board. 

Secretary violate bond. 

5. If a secretary of a school board should falsify his records, he 
would violate his bond. 



75a. Secretary exhibit quarterly report to board. 

That it shall be the duty of each secretary of the boards of 
school directors to exhibit said quarterly report to the board at 
its first regular meeting after the receipt of said report for the 
inspection of said board and that the board shall examine said 
quarterly report and canceled orders and instruct the secretary 
to report the correctness, or incorrectness, if any be found, upon 
the blank furnished by the county treasurer. [L. '07, p. 564.] 

NOTE. — For report referred to. see Section 63. 



75b. Secretary l<eep quarterly reports and canceled orders on file for six 
years. 

That it shall be the duty of each secretary of the several 
boards of school directors, and their successors, to keep on file 
for a term of six (6) years, all quarterly reports and canceled 
orders received from county treasurers, and at the end of said 

81 



§§76-77-78 DIRECTORS. 

period to cancel by fire, all canceled orders, filing the quarterly 
reports for such period for future reference. [L. '07, p. 564.] 

76. Secretary render statement — books open for inspection. 

The secretary shall render a statement of the condition of 
the finances, as shown by the books, at any time when required 
by the school board, and his books shall always be open for in- 
spection. [M. A. S., 4021.] 

Notice for special tax. 

1. It would be legal for you to vote a special tax at an annual 
meeting by giving the legal notice; Provided, That such special tax, 
together with any other special taxes levied for the given year, does not 
exceed the levy allowed to a district of your class. 



77. Failure of secretary to report — duty of superintendent of public in- 

struction. 

Whenever a district secretary fails to file his annual report 
and census list with the county superintendent, according to 
law, thereby rendering it impossible for the said superintendent 
to apportion to such district any part of the general fund for 
the ensuing year, if it can be shown to the satisfaction of the 
superintendent of public instruction that such report and cen- 
sus list were prepared and reasonable diligence used to place 
the same in the hands of the county superintendent, and that 
such report and census list failed to reach said superintendent 
by reason of some accident or extraordinary occurrence; and if 
it be further shown that a public school was maintained in such 
district for not less than the minimum time required by the 
state constitution; and if it be also shown that duplicates of 
the missing papers have been placed in the hands of the county 
superintendent, or in his office, then the superintendent of pub- 
lic instruction shall direct the county superintendent to appor- 
tion to such district its per capita share of the general fund dis- 
tributed during the remainder of the year, as provided in sec- 
tion seventy-two. [M. A. S., 4039.] 

NOTE— Section 72 above referred to is section 58. 
NOTE— Report of Secretary, section 75. 

78. Treasurer countersign warrants — render accounts — failure — penalty. 

It shall be the duty of the treasurer to countersign all war- 
rants drawn by the president and secretary on the county treas- 
urer, in favor of parties to whom the district has become law- 
fully indebted, and to keep an account of the same. He shall 
take charge of all moneys received by him on account of the 
district from the county treasurer, as provided in sections ninety- 
one and ninety-two of this act, and pay out the same as therein 

82 



DIRECTORS. §78 

provided. He shall render a statement of the finances of the dis- 
trict, as shown by the records of his office at the close of each 
school year, and at any other time when required by the board. 
For a failure to perform any of the duties of his office when di- 
rected by the board, or for refusing or neglecting to deliver to 
his legally qualified successor all money, books, or other district 
property in his possession or care, within ten days after the 
same shall have been demanded by such successor, he shall be 
liable on his bond, and shall make good any loss resulting to the 
district from such failure or neglect. [M. A. S., 4022.] 

NOTE— Sections 91 and 92 above referred to are sections 12 and 13. 
Warrants — signing of. 

1. As to whether a school district warrant is legally drawn when 
signed by the president and secretary, and not by the treasurer, is a 
question for the county treasurer of the proper county to pass upon when 
the warrant is presented for payment. Should he pay such warrant and 
afterward, upon investigation, it be found to have been issued to some 
person or persons to whom the district was not justly indebted, he, the 
treasurer, would be liable on his official bond by reason of the fact that 
the warrant was not sufficiently authenticated, as provided in above sec- 
tion, which reads: "It shall be the duty of the treasurer to countersign 
all warrants drawn to the president and secretary on the county treas- 
urer." 

2. It is the duty of the treasurer of a school board to countersign 
all warrants drawn by the president and secretary on the county treas- 
urer in favor of parties to whom the district has become lawfully indebted. 

3. A warrant sent to, and receiving the signature of, a director 
while absent from the state is legal. 

4. If one member of a school board refuses to sign an order, there 
is no way of compelling him to do so except through regular, legal 
procedure. 

5. The county superintendent's signature is of no legal value in 
drawing warrants. 

6. The president of the school board being the principal function- 
ary, a warrant drawn without his signature is illegal. 

7. It is the duty of each member of the board of directors to sign 
all warrants drawn on the county treasurer in favor of parties to whom 
the district is lawfully indebted. If any member of the board refuses 
to sign such warrant, there is no way to compel him to do so, except 
through regular legal procedure. If, however, the county superintendent 
be cognizant of the facts and certifies to the county treasurer that the 
warrant was drawn in payment of a just debt legally incurred, the county 
treasurer would be justified in paying such v/arrant bearing the signa- 
ture of only two membei's of the board of directors. 

8. A school director has no legal right to refuse to sign a prop- 
erly drawn warrant, issued for any just obligation of the district. The 
warrant might be cashed upon two signatures if the county treasurer is 
willing to assume the responsibility. The only way to compel the direc- 
tor to sign it is by legal proceedings. 

9. It is the duty of each member of the board to sign a warrant 
legally drawn for a legal claim, and a writ of mandamus would issue to 
compel such action by any member of the school board refusing so to do, 
and this would be the proper procedure rather than to mandamus the 
county treasurer. 

83 



§§79-80 DIRECTORS. 

Warrants — issuance of. 

10. Since no warrant is valid if drawn in favor of a person to 
whom the district is not lawfully indebted, the district has no authority 
to incur the debt for the payment of which the warrant mentioned was 
drawn. 

11. The only legal restrictions placed upon school directors in the 
matter of issuing warrants are that they must be issued to persons to 
whom the district is legally indebted, and the total amount issued must 
not be in excess of the special tax levied for the current year. 

12. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

13. The secretary is the one authorized to draw all warrants issued 
by the board, these to be countersigned by the president and treasurer. 
If the county treasurer paid a school district warrant illegally drawn, 
and afterward upon investigation it was found to have been issued to 
some person or persons to whom the district was not justly indebted, he, 
the treasurer, would be liable on his official bond by reason of the fact 
that the warrant was not sufficiently authenticated. 

Auditing of Mils. 

14. The auditing of bills "against a school district must be per- 
formed by the board of directors at a meeting thereof, and vouchers or 
warrants issued for the payment of such bills are legal only when issued 
by a vote of a majority of the board at such meeting. 

County treasurer custodian of school funds. 

15. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of 
the funds only during the times of advertising and subsequent payment. 

16. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no pro- 
vision for the handling of the funds. 



79. Delinquent officers — penalties. 

No superintendent or district officer shall receive any of the 
compensation, who has neglected or refused to perform any duty 
required by law, and any district officer so neglecting or refus- 
ing, when specially directed by a majority of the district board, 
shall be deemed guilty of a misdemeanor, and it shall be deemed 
a violation of law for any person to draw or sign a warrant for 
the payment of such delinquent officer, and any person so sign- 
ing a warrant shall be liable in double the amount of such war- 
rant. [M. A.. S., 4023.] 

80. Powers of directors. 

Any school board shall have power to make such by-laws for 
their own government and for the government of the public 
schools under their charge, as they may deem expedient, not in- 

84 



DIRECTORS. §81 

consistent with the provisions of this act, or the instructions of 
the superintendent of public instruction. District boards of the 
first class shall also have power to fill any vacancy which may 
occur in the board, until the rej^ular election, at which time the 
vacancy shall be filled for the unexpired term. [M. A. S., 4012.] 

NOTE— County superintendents fill vacancy, except in first class districts, 
section 54. 

Time for filing notice. 

1. In a first class district, when a vacancy occurs after the adver- 
tisement of the regular election, four weeks preceding such election, a 
person who may desire to be a candidate for the office of school director, 
by filing a written notice of such intention with the secretary of the 
school district in which he resides at least eight days prior to the day 
of the holding of the annual election, will become a legal candidate, 
providing the other details specified in sections 92-93 of the school law 
be observed. If the resignation occurs after the eight days specified in 
section 93 the board would name the director who would hold over until 
the regular election. 

Rights. 

2. A school board has & legal right to require such qualifications 
of teachers as seem to them to be for the best interests of the school, 
provided such qualifications do not confiict with those required by the 
state. 

3. The statutes give boards of directors of districts of the first 
class the entire authority to declare and fill vacancies, and with that 
authority, by necessary implication, goes the authority to declare vacan- 
cies, excluding the idea that a county superintendent may have that 
authority. The county superintendent has no right whatever to hold that 
a vacancy exists in the board of a district of the first class until such a 
vacancy has been declared by the board itself, or by the courts. 

4. If the school board chose to revoke its rules concerning the 
place where a school meeting must be held, it would have a right to 
do so. 

81. Powers of school boards. 

Every school board, unless otherwise especially provided by 
law, shall have power, and it shall be their duty: 

jPirst — To employ or discharge teachers, mechanics and la- 
borers, and to fix and order paid their wages; to determine the 
rate of tuition for non-resident pupils, and to fix the compensa- 
tion to be allowed the secretary for the time necessarily spent in 
the service of the district, as required by law, or as directed by 
the board ; Provided, It shall be unlawful to pay any other mem- 
ber of the board, from the district funds, for his services as a 
member of such board. ■ 

Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
the kind of text books to be used ; Provided, That but one kind 
of text book of the same grade or branch of study shall be used 
in the same department of a school, and that after the adoption 
of any book, it shall not be changed in less than four years, un- 

85 



§81 DIRECTORS. 

less the price thereof shall be unwarrantably advanced, or the 
mechanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for everything 
needed in the school house, or for the use of the school board. 

Fourth — To rent, repair and insure school houses. 

Fifth— To build or remove school houses, and to purchase 
or sell school lots, when directed by a vote of the district so to 
do. 

Sixth — To hold in trust for their district all real or personal 
property for the benefit of the school thereof. 

Seventh — To suspend or expel pupils from school who re- 
fuse to obey the rules thereof, and to exclude from school, chil- 
dren under six years of age. 

Eighth — To determine the number of teachers that shall be 
employed, and length of time over and above three (3) months 
that the school shall be kept; to fix the time for the opening or 
closing of schools, and for the dismissal of primary pupils before 
the regular time for closing the schools. 

Ninth — To provide books for indigent children, on the writ- 
ten ment of the teachers that the parents of such children are 
not able to purchase them, and to furnish free text books for the 
use of all pupils, when authorized to do so by a majority vote of 
the district, as expressed at any regular or special meeting. 

Tenth — To require all pupils to be furnished with the proper 
and suitable books as a condition of membership in school. 

Eleventh — To exclude from school and school libraries all 
books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report, as required by law, 
to the county superintendent, on or before the first day of 
August of each year, in the manner and form and on the blanks 
prescribed and furnished by the superintendent of public instruc- 
tion. 

Fourteenth — To make a report directly to the state superin- 
tendent, whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resident in one district desires 
to attend school in another district, such pupil shall be permit- 
ted to do so; Provided, That the board may refuse to admit pu- 
pils from other districts upon the ground of insufficient room. 
[M. A. S., 4015.] 

Hire teachers. 

1. A school board has the absolute right to engage the teacher, or 
teachers, for the school district. The fact that a majority of the tax- 
payers sign a petition making a protest against the selection made by the 
board can not in any way affect the legal right or the action of the board 
in the matter of the appointment of a teacher. 

86 



DIRECTORS. §81 

2. If a teacher receives from the secretary of a school board, in 
pursuance of an order of the board, a letter notifying him of the length 
of term and salary, such notification would stand in law as a contract, 
should the teacher accept. 

3. A verbal promise given to a teacher by members of a school 
board at other than a regularly called meeting is not in any way binding 
upon the board. The members have a perfect right to engage some other 
person when a regular meeting of the board is held. 

4. There is nothing in the school law of Colorado to prevent a 
board of directors in a district of the first class from making a contract 
with a teacher or superintendent for a term exceeding the school year. 

5. In case a summer school is to begin in a district, either before 
or on the day upon which the annual election is held, it would be legal 
for a board to engage a teacher for such a school. 

6. When a teacher enters into a contract with a board of directors 
to teach a certain number of months it is understood that customary 
vacations may intervene, even though not specified in the contract, and 
that the teacher will not receive compensation for the time occupied by 
such vacations, he being expected to teach the full number of months 
specified in the contract, aside from the time included in the vacations. 

7. There is no law requiring a teacher to have a physician's certifi- 
cate of good health; this matter is governed by the rules made by the 
board of directors. 

S. School boards, in districts of the first class, have entire control 
of the examination and licensing of applicants to teach in their districts. 
They also have a legal right to renew certificates without examination. 
One member of a school board can not legally employ a teacher except 
when ordered to do so by the board at a regular or special meeting. 

9. If a misunderstanding occurs as to the employment of a teacher 
and two of the board refuse to enter into a contract with the teacher 
who was chosen by the other member, the teacher could not legally claim 
her appointment. 

10. In districts of the first class the school directors have entire 
charge of the examination of applicants for positions in the schools of 
their district. 

11. While tho law does not state that married women living with 
their husbands in Colorado shall be allowed to teach, there is no law pro- 
hibiting any person eighteen years of age, who can obtain a certificate, 
from teaching, save when a member of the school board. 

12. The board of directors has exclusive jurisdiction in the em- 
ploying and discharging of teachers. 

13. If a teacher has been employed to teach a certain department 
of a school, the school board would not have the right to close another 
department and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

The only way by which a teacher's salary can be legally increased 
during the term for which she is employed would be at a regular or spe- 
cial meeting of the school board. 

14. The law provides that an applicant for a teacher's certificate 
must not be less than eighteen years of age. It would be illegal to grant 
a certificate if the applicant did not meet that requirement. It would be 
illegal for a school board to employ a teacher under such circumstances. 

15. An oral contract made between a teacher and a school board is 
as binding as a written one; Provided, That either party can prove the 
terms of the contract. 

16. The laws of Colorado do not make it illegal for members of 
school boards to vote for relatives of any degree as teachers. 

87 



§81 DIRECTORS. 

17. It is illegal to employ a school teacher save at a regularly 
called meeting, of which due notice was given to every member of the 
board. It is also illegal to transact any business save at such duly called 
meetings. 

18. It is absolutely illegal for the members of a school board to 
appoint a teacher at any time or in any way save through the action of 
a majority of the board at a regularly called meeting of which all the 
members have had due notice. 

20. A district board has not, in law or equity, a right to deliberately 
create a condition for the purpose of taking advantage of the emergency 
clause in that section of the statute which provides for granting and en- 
dorsing teachers' certificates. 

21. There is no law authorizing second and third class districts to 
hold examinations for teachers to be emplo3^ed by such districts. 

22. The engagement to teach of a person who has no certificate by 
school directors is illegal, as no contract could be made between the 
school board and such a person. The fact that she draws no pay would 
not entitle her legally to teach the school. A school so taught could not 
be considered a public school, nor could the months of school so taught 
be counted in, or reported as, months of public school work. School direc- 
tors could only as private citizens employ a teacher to teach a private 
school. There is no possible way in which the public school work and 
the private school work can be combined, or the private school work 
legalized as public school work, or a private school teacher in any way 
be considered a public school teacher. 

22. Every member of a school board has an equal voice in employ- 
ing teachers; that is, the vote of the treasurer counts for just as much 
as that of either the president or secretary, on all matters pertaining 
to the affairs of the school district. The decision of a majority, how- 
ever, rules in this as in all other matters, but if the treasurer and sec- 
retary vote to engage a certain teacher, the teacher could be engaged 
even though the president might not acquiesce, and, necessarily, if the 
president and secretary voted in opposition to the vote of the treasurer, 
their decision would stand. 

24. One member of a school board can not legally employ a teacher, 
even though a meeting has been called for the purpose and notice of it 
sent to other members of the board. If the failure to attend the meet- 
ing arises from a deliberate intention to fail to do the duty required of 
members of a school board, the member who has previously called the 
meeting can, by legal process, compel the attendance of the members. 

25. Since the law gives the board the right to employ and discharge 
teachers and to fix and order paid their wages, the electors of the dis- 
trict could have no voice in the matter, and while the patrons of the 
school would have a right to circulate a petition requesting the board to 
engage a certain teacher, the board would have the right to ignore the 
petition if they desire to do so. 

26. A contract between a teacher and his substitute is not binding 
upon the board of directors. 

27. The appellate courts of this state have never decided the ques- 
tion of the legality of a school board to contract with teachers before 
the annual election establishes a new board of school directors. 

28. Until a first class district is fully organized, so far as its board, 
etc., is concerned, in conformity with the provisions of the law relating 
to first class districts, the board of the district would have no right to 
grant certificates to the teachers employed. Until the board was fully 
organized as a first class board the teachers employed in the district 
should be required to take the regular countj^ examination. 

29. All first class districts have a right to make their rules and 
regulations governing examinations for certificates and for any special 
line of work. 

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DIRECTORS. §81 

S(^hool furniture and supplies. 

30. No member of a district board has any right whatever to pur- 
chase coal or other school supplies, without being ordered to do so by a 
majority vote of the members. 

31. A school board of a district of the third class has a legal right 
to purchase desks for a school building without a vote of the electors of 
the district. 

32. School directors of a district of the third class may purchase 
an organ for the use of the school and pay for it out of the special fund. 
The general fund can not be used for that purpose, unless there is a bal- 
ance remaining after paying all expenses necessary to support a public 
school for ten months in any one year. 

33. Two members of a beard in a district of the third class can le- 
gally contract for furniture for their school house, but such contract 
should be made or ratified by a vote at a regular or special meeting of 
the board. The third member of such board can not legally refuse to 
sign warrants issued in payment of such furniture simply upon the 
ground that he considers such furniture unnecessary. If illegality or 
fraud exists then he can refuse, but the fact that he considers the furni- 
ture unnecessary is only a matter of opinion, and he should be governed 
by the opinion of the majority. 

Discharge teachers. 

34. Two members .of a school board have a right to dismiss a 
teacher; Provided. Their action is taken at a regular or special meeting 
at which all the members of the board have notice, but a teacher hav- 
ing a contract with the board can not be dismissed without good cause 
for such action being shown. 

35. It is not legal for a school board to retain a teacher whose 
certificate has expired if the term of school for which such teacher is 
employed extends more than one month after such expiration. The law 
definitely states that a new certificate shall be secured. The endorsement 
of the certificate should read "Good" until the next regular county ex- 
amination. 

36. In order Lo make good charges of immorality or incompetency, 
specific acts must be declared and supported by affidavits or witnesses. 
If satisfied that the charges can be sustained by proof, the proper course 
for the board is to bring the matter to the attention of the county super- 
intendent, with the request that he use the power granted him by law. 

37. If a teacher employed in the schools is incompetent to give in- 
struction in any of the subjects provided in the course of study for that 
district, the board of directors would have cause for discharging such 
teacher. 

38. A school board may dismiss a teacher for incompetency or 
immorality. A county superintendent may revoke a certificate of any 
kind at any time for immorality, incompetency or any just cause. 

39. The laws of this state make it impossible for a school board 
to discharge a teacher without some cause that would be considered in 
the courts a sufficient reason for breaking the contract between the 
teacher and the school board. Incompetency, immorality, drunkenness, 
etc., are the reasons that have been held suflScient. 

Fix salary. 

40. A teacher having received a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
for what they are worth. It would not be proper for the board to simply 
supplement, by an additional warrant, the shrinkage or irregular war- 

89 



§81 DIRECTORS. 

rants on account of the discount in tlie market. The deficit may be made 
good by the board, at a regular meeting, voting to advance the salary 
so as to cover the shrinkage in value of the depreciated warrants. 

41. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

42. A teacher's only recourse against a school board that refuses to 
issue a warrant for salary is through the courts. 

43. When a county superintendent calls a county institute or teach- 
ers' association, he has not the right to rule that the district must pay 
the teacher for the same, as if she had taught school, although the school 
board would have the right to give the teacher such a day and pay her 
for it upon the request of the county superintendent. The right in the 
matter rests with the district board. 

44. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufiicient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of 
a district would not be lawful reason for revoking a certificate unless 
fraud of some kind could be shown. 

45. The directors of a district have no legal right to make a con- 
tract with a teacher to pay wages in excess of the revenues for the year. 

46. A teacher can draw her wages during the time that a school 
is closed on account of an epidemic. 

Conipensatioji allowed secretary. 

47. While the law states that district boards shall fix the amount 
of the secretary's salary, if the secretary rendered his services v/ithout 
such salary being fixed, or without demanding it at the time, he could 
not later claim it. 

48. The secretary is the only officer of a district school board whom 
the law allows to draw pay for his services, and his pay is fixed by the 
board. 

49. A school board has the right to fix the compensation to be al- 
lowed the secretary for the time necessarily spent in the service of the 
district, as required by law or as directed by the board, and in section 
73 of the school law it is stated that no orders shall be drawn upon the 
county treasurer (by the district board) except in favor of parties to 
whom the district has become lawfully indebted. It is the province of 
the board to decide the proper compensation for the secretary's duties, 
providing, always, that the board's provision for such compensation is 
just and reasonable and in compliance with the law. 

50. If a secretary of a school board should falsify his records, he 
would violate his bond. 

Powers of board. 

51. As the president of the board is a member of the board, with all 
of the privileges to which such members are entitled, he can, although 
the presiding officer of the board, make or second a motion, state it from 
the chair, and vote on the same. 

52. The length of residence requii-ed in Colorado to constitute eligi- 
bility to the office of school director is twelve months. 

53. A school board does not have to carry out all motions made and 
carried at the annual meeting of electors unless such motions cover mat- 
ters upon which the electors are entitled to pass. 

54. If the electors of a district are dissatisfied with the action of 
the board, they have the privilege of enjoining the board from fulfilling 
said action. 

90 



DIRECTORS. §81 

56. A member of the school board may be compelled by legal process 
to perform the duties of his office as specified in the law. Any elector of 
the district, member of the school board or the county superintendent can 
institute the proceedings. 

A member of a school board may be removed for malfeasance in 
office, by action taken in the courts. 

58. If the school board chose to revoke its rules concerning the 
place where a school meeting must be held, it would have a right to do so. 

59. It is illegal for two members of the board to transact business 
that has not been decided upon at a regular or special meeting of the 
board. If the specifications in regard to the digging of the well were 
definitely stated at a regular or special meeting, it would be necessary to 
call another meeting of the board to change those specifications. 

60. Directors of third class districts have no authority to sell prop- 
erty of the district unless instructed to do so by the electors. A sale 
without such direction is illegal. 

61. If the actions of the board do not meet the approval of the 
electors, the latter may either have redress through the courts, or, in 
certain cases, may appeal to the county superintendent and from him to 
the state board of education. 

62. If the school board of directors refuse to carry out the valid 
instructions of the electors of the district, they can be compelled to do 
so by court proceedings in the nature of a writ of mandamus. 

Tuition. 

63. There is no legal provision for the payment of tuition out of a 
fund belonging to a school district. If a tuition is charged pupils who 
attend school in a district other than that in which they reside, that tui- 
tion must be paid by the parents, and not by the district from which the 
pupils come. 

64. The payment of tuition for the school privileges afforded to 
children attending outside of their own district is a matter which the 
boards of the* respective districts must arrange between themselves. 

65. The law makes no provision whereby the board of directors of 
a district can appropriate school money to pay tuition for the pupils of 
said district who attend school in another district. 

66. A person, having attained the age of twenty-one years, is not 
thereby debarred from school privileges, but the board may require tuition 
of him. This ruling applies to those who may have been under the age 
of twenty-one at the time the last school census was taken. 

67. The school board of any district has the right to fix the rate of 
and demand tuition from pupils attending from another district. 

68. If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would have the right to attend the school without tuition, even 
if the family spends a large part of the year elsewhei-e. In the case of 
pupils attending before the family moves into the district for the winter, 
the same rule would apply. 

If the district is the declared home of the family, and if the children 
have been previously listed upon the census list, they would have the 
right to attend the school without tuition, even if the remainder of the 
family were at present residing elsewhere. 

69. Those pupils who are entitled to attend school in a district 
without paying tuition are those whose parents or guardians may legally 
claim the school district as their residence. 

70. The laws do not provide for the payment of tuition in high 
school for pupils above the eighth grade from the public funds of the 
school district. 

91 



§81 DIRECTORS. 

72. The school board of a district has the right to exclude children 
from other districts on account of lack of room, and to require tuition 
from pupils who live outside the district. The board has the sole right 
to decide whether or not the children from other localities shall attend 
school in the district. 

73. The law makes no provisions whereby the pupil's share of the 
general fund can be transferred to the school where he attends in a dis- 
trict other than in the one which he resides. 

Fix course of study — special 'brandies — admittance. 

74. It is the duty of the teacher to teach high school studies when 
such studies are prescribed by the board of directors as a part of the 
course of study. 

75. It is the duty of the teacher to teach whatever branches may be 
specified by the school board, since that body is given the right to estab- 
lish a course of study for the school of its district. If the teacher has 
failed to teach the branches requested by the board, it would probably not 
be sufficient reason for the board refusing to sign the warrant for her 
services as teacher for the time she has been employed in the school, yet 
it is possible that it might be held as sufficient grounds for the dismissal 
of said teacher. 

76. The school board of a district has the right to forbid the read- 
ing of the Bible in the schools of the district, under the provisions of 
section 81, school law, 1887, which provides that the school board shall 
have power to fix the course of study, the exercises and the text books to 
be used in the schools of the district. 

77. It is not a part of the duty of the board of directors to decide 
as to the grade in which a pupil belongs. 

78. Article IX, section 7, of the constitution of Colorado, prohibits 
the use of public school money for the teaching of sectarian tenets or doc- 
trines. It is therefore unlawful for a board of directors to require a 
teacher to devote any part of any school day to religious instruction. 

79. A school board would have the right to require work above the 
eighth grade to be done, providing there was nothing in the contract 
made with the teacher which would give her the right to object to doing 
such work. 

80. Since the school board has full authority to make rules and 
regulations concerning the management of the schools in a district, the 
board would have the right to fix the times when beginners might be per- 
mitted to enter the schools. 

81. The law gives the entire authority in regard to fixing the course 
of study to the board of directors; and the members of the board can not 
be compelled to furnish instruction in the ninth grade if, in their judg- 
ment, it does not seem best to do so. 

82. A school board has the right to make the regulations concern- 
ing the admittance of pupils to a certain grade of the school when the 
fall term commences, said pupils having failed to pass the examination 
given in the spring, and also to authorize the principal to make such rules 
and regulations and to enforce them as if made by the board as a body. 

- 83. School boards have authority to employ special teachers for 
special branches, but such teachers must have valid certificates in order 
to entitle them to be paid from the school funds, even though such teach- 
ing is done outside of regular school hours. 

84. If a teacher has been employed to teach a certain department of 
a school, the school board would not have the right to close another de- 
partment and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

92 



DIRECTORS. §81 

85. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, a 
special certificate covering the high school branches must be obtained by 
the applicant who expects to teach in a county high school. 

86. A teacher can not be required to teach instrumental music in a 
school, as the branch is not one included in the requirements of a com- 
mon school course. 

87. A school board in a third class district can not be compelled 
by parents to put in ninth grade studies in the public schools of the dis- 
trict for pupils past the eighth grade. The school law gives the school di- 
rectors of third class districts the sole right to fix the course of study. 

88. The board of directors of a district fixes the course of study for 
that district. 

89. The directors of third class districts have power to prescribe 
the course of study, and, therefore, may add such subjects as are deemed 
desirable without the organization of a high school. 

90. As between school directors and the county superintendent, the 
latter has advisory powers only in arranging course of study, selection of 
books and grading of schools. 

91. According to the school law of this state, the board of directors 
of a school district has the right to prescribe the course of study for the 
school. If the board prescribes that certain high school or ninth or tenth 
gi-ade studies shall be taught, it may be done, but it is not expected that 
such work shall be a part of the course in the district school if it inter- 
feres with the work of the lower grades. 

92. The school law of Colorado (section 81) authorizes the board 
of directors to fix the course of study, the exercises and the kind of text 
books to be used. 

93. A teacher's salary can be legally increased during the term for 
which he is employed only at a regular or special meeting of the school 
board. 

94. The law does not permit the establishment of a high school in 
an ordinary third class district, nor does it prohibit the introduction of 
certain branches that are termed high school branches, but the law gives 
the entire authority in regard to fixing the course of study to the board 
of directors. The teacher would have no right to introduce high school 
work in the school unless so instructed by the school board. 

Text books. 

95. In case of a new district formed from one in which text books 
are furnished free, the question of supplying free text books in such new 
district must be submitted to a vote of the people. 

96. If a school board purchase books to be used by the pupils of 
the district, such books are for the use of pupils attending school within 
such district, and for no other. If residents of the district see fit to send 
their children into adjoining districts, they can not compel the district 
in which they reside to furnish the text books for their children. 

97. The board of directors must furnish books for all pupils when 
instructed to do so by a majority vote of the electors of their district, 
as expressed at any regular meeting or special meeting called for that 
purpose. 

98. In regard to a district board furnishing free text books, the 
provisions of the law mean that a majority of the votes cast upon the 
question of providing free text books for the district shall govern, and 
not a majority of all the electors residing in the district. 

99. The fact that a district has voted to furnish fi*ee text books 
to its school children, and has done so for a number of years, does not 

93 



§81 DIRECTORS. 

permanently bind the district so to furnish the text books. If brought 
up in the manner prescribed by law, the district may again vote upon the 
matter. 

100. If a school board purchases books to be used by the pupils of 
the district, such books are for the use of pupils attending school within 
such district, and for no other. If residents of the district see fit to send 
their children into adjoining districts, they can not compel the district 
in which they reside to furnish the text books for their children. 

101. When a pupil leaves a school where free text books are fur- 
nished, he has no right to take home with him and keep text books 
belonging to the district. 

102. Colorado does not have a uniformity of text books. The school 
law provides that the board of directors in the different districts may 
determine the kind of text books to be used. 

103. County officials have no authority to purchase text books for 
the schools of the county, using school money for that purpose, nor have 
such officials the right to adopt text books for use in such schools and 
require the various districts to pay for the same. The school board 
determine the kind of text books to be used, and can only furnish free text 
bocks for the use of all pupils when authorized to do so by the majority 

wote of the district. 

104. In order to vote on the question of free text books at the an- 
nual school election, it will be necessary to include in the annual election 
notice, a statement specifying the time of such voting. 

School houses — rent — repair — Ituild — remove. 

105. It takes a majority vote of the electors of the school district 
to decide upon a location for the school house. 

106. The district board has the right in emergencies to permit the 
location of the school to be changed temporarily, although it is expected 
that in this as in all other matters the welfare of the whole district will 
be considered. 

107. The site for a school building in districts of the third class 
can be selected or changed only by vote of the electors taken at the 
annual meeting, or a special meeting legally called. 

108. A board of school directors can not legally change the site for 
a school building which has been selected by a legal vote of the electors 
of such district. 

109. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

110. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special meet- 
ing called for that purpose. Such sale should be made in the manner 
prescribed by the directors, which should be at public sale after proper 
advertisement. 

111. The power to fix the site for school houses necessarily includes 
the power to fix the location of the school, and after a majority of the 
voters of the district (third class) have decided to have the site of the 
school house in a certain portion of the district, it would hardly be held 
as within the power of the board to defeat the will of the electors by 
establishing a school in some other place. 

112. Under certain conditions other buildings than the school house 
may be used for school purposes if the board so desires. 

94 



DIRECTORS. §81 

113. The school board of a third class district has no right to move 
school buildings unless directed to do so by vote of the electors of the 
district. 

114. School must be held in a building situated within the bounda- 
ries of the district. 

115. The departments of a school can not be legally considered as 
separate schools. 

116. The district school board has the full right to decide where 
school shall be held. 

117. While a school board would, if they felt so disposed, have a 
right to establish a summer school, they would not have the right to 
limit the attendance to those pupils recommended by the teachers, and 
some others, and require those who desire to attend the school without the 
recommendation to pay their own tuition. It would, however, be legal to 
establish such a school for certain grades, limiting the attendance to the 
specified grades. 

118. The directors of third class districts have no authority either 
to build a new school house or an addition to an old one unless directed 
to do so by a vote of the electors. 

119. If a majority of the legal voters of a third class district at a 
special meeting legally called decide that a school house shall be moved, 
it becomes obligatory on the part of the board to move the building. If 
they do not, the voters can compel them by mandamus to move it. The 
school house does not have to stand thii'ty days after the majority of 
voters have decided to move it. 

120. A board of directors of a third class district can not sell, 
remove or tear down a school house unless so directed by a vote of the 
electors. 

121. The directors of a school district can not legally purchase 
a school site without a favorable vote of the electors. 

122. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

123. The qualified electoi's when assembled at a special meeting, 
duly called, have the power to fix the site for the school house, taking 
into consideration the wants and necessities of the people of each portion 
of the district. There is no authority in law giving the privilege to build 
upon school land without first receiving a grant from the state land 
board. Upon application to the register of such board, accompanied with 
plat and field notes of the survey, one acre will be granted your district 
for school purposes. 

124. When a building is to be used for school purposes the board 
have no authority to build such addition or school room except when 
directed to do so by a vote of the district. 

125. A district board, having already constructed and furnished a 
school building, may subsequently erect a coal house or other simple out- 
building, for the convenience of the school, without a special vote of the 
electors, the outbuilding to be considered an appurtenance or appendage 
of the school building. 

126. If the electors of a school district have voted the specifica- 
tions in regard to building a school house, the site being definitely se- 
lected, the board of directors could not legally change these specifica- 
tions, and it would be necessary to call another meeting of the electors 
if thought desirable to make a change. 

127. In building a school house the board of directors must keep 
within the appropriation of the electors. If it is desired to spend more 

95 



§81 DIRECTORS. 

money than the original appropriation, a meeting of the electors must be 
held, to determine whether they will authorize the additional expendi- 
ture. 

128. The law does not specify the manner in which a school hoard 
shall proceed in the matter of building a school house or whether such 
boai'd shall advertise for bids or not. The board is permitted to exercise 
discretion in the matter, having in view at all times the best interests of 
the district. 

129. A board of school directors can not legally change the site for 
a school building, which has been selected by a legal vote of the electors 
of such district. 

130. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special 
meeting called for that purpose. Such sale should be made in the man- 
ner prescribed by the electors, which should be at public sale, after 
proper advertisement. 

131. The directors of a third class district can not legally purchase 
a school site without a favorable vote of the electors. 

132. The board of directors, in leasing an unused school house, have 
the power to insert in the lease the purpose for which said building 
shall not be used. 

133. The question of constructing a high school building in a dis- 
trict of the first class must be submitted to a vote of the qualified elec- 
tors of the district. 

134. If the question of the selling or the minimum selling price 
of the school house was not determined by the electors, it would be wiser 
for the directors to sell at public sale. 

Custodians of scJiool property. 

135. The school directors constitute the custodians of the school 
property of the district, and may at their option permit the use of the 
school house for other than school purposes. Any money thus obtained 
should be considered a part of the district school fund, and should be 
accounted for accordingly. 

136. The management of the property of the school district is given 
to the school board, it being expected, however, that the board shall take 
care of the property in a manner satisfactory to the electors of the dis- 
trict and that the use of the school house is not permitted for improper 
purposes. If the property of the district has been abused,, any elector 
of the district could take legal steps to put a stop to any further abuse 
In the same line. 

137. A district board has the control of the school house and can 
not be compelled to open the house for other than school purposes, even 
though the citizens of the district so request. 

138. As the school board of any district has the control of the 
school house, if the board sees fit to permit the use of the school house 
for a subscription school it has the right to do so. It may also permit 
the use of the text books owned by the district. It has no right to per- 
mit the use of the district's fire wood or to in any way make an expendi- 
ture of the district's money for the subscription school. 

139. The members of the school board are the legal custodians of 
school property and a taxpayer of the district can not dictate for what 
purpose the school building can be used. 

140. If a majority of the board of school directors decide that the 
school house of the district may be used for church purposes, the building 
may be so used. The law gives the charge of the school house and other 
school property of the district entirely to the school board. 

96 



DIRECTORS. §81 

141. A school board of a district has the right to decide as to 
whether a school house shall be rented for any purpose, it being neces- 
sary, however, that the purpose be one against which no reasonable ob- 
jection might be made by the electors of the district. 

142. If the directors authorize the use of the school house for elec- 
tion purposes, the teacher is entitled to pay for time thereby lost. 

Suspend or expel pupils. 

143. In the absence of any rules and regulations prescribed for the 
government of the schools by the board of directors, it is within the 
power of the teacher to make such reasonable rules and regulations, and 
to enforce them, in the same manner, subject always to the supervision of 
the board of directors. 

144. It is the right and duty of a school board to exclude from a 
public school a boy of school age who is an imbecile. 

145. It is the duty of the board of directors to see that school chil- 
dren are vaccinated when required to do so by the local board of health. 

146. "It has been ruled by Attorney General Engley that a teacher 
has no power to suspend pupils and that the board can not delegate to 
the teacher its statutory power in that matter. However, I consider that 
it would be proper to assume that the teacher has the power to tempor- 
arily suspend, that is, long enough for the matter to be called to the at- 
tention of the district board. It would also seem proper to say that the 
board may act entirely upon the recommendation of the supei'intendent 
in regard to suspension and expulsion, but the act of suspension must 
be the act of the board." 

147. Every school board has power to suspend or expel pupils from 
school who refuse to obey the rules thereof, 

148. Under the constitution and laws of this state the board of 
directors of any district have power to establish reasonable rules and 
regulations for the government of the schools under their charge, for 
controlling the conduct of teachers and pupils, not only while in the 
school room, but while going to and from the school, and such reason- 
able rules and regulations may be enforced by suspension, expulsion or 
corporal punishment, as the board of directors may determine. 

149. Power is given to a school board to expel any pupil for bad 
conduct and to refuse to permit him to re-enter the school, if in their 
judgment it is necessary for the welfare of the school. 

150. A pupil can be expelled by the board of directors for any 
offense that in their judgment deserves such severe penalty. 

151. The power to expel or suspend a pupil from the privileges 
of the schools of Colorado is conferred by law solely and exclusively on 
the school board, and no teacher has the right to perform that act. 

152. The board of directors has exclusive jurisdiction in determin- 
ing the method of discipline to be employed in the schools under its 
control. 

153. The school board have a right to exclude a child under six 
years of age from school. A district board may erect a simple outbuild- 
ing for the convenience of the school, the outbuilding to be considered an 
appurtenance or appendage of the school building. 

154. A teacher has no power to suspend pupils permanently, but 
can suspend them temporarily until the matter can be called to the at- 
tention of the board. 

Num'ber of teachers — time. 

155. The law gives school directors the sole power to arrange the 
length of the term, number of teachers to be employed, grade of work to 
be done, etc., in the public schools of the district. 

4 

97 



f81 DIRECTORS. 

156. A school board has the right legally to appropriate money to 
«arry on a second or third school to be located in various parts of the 
school district when the location of the school population seems to de- 
mand such an arrangement to justly provide educational privileges for 
the greatest possible number of children residing in the district. 

157. If a teacher is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed by the month, and paid a fixed 
sum per month, vacations are deducted, if there is no contract to the 
contrary. A teacher could just as lawfully claim pay for the long sum- 
mer vacation as for the customary holiday vacation. 

158. A teacher can not be legally dismissed before the expiration 
of the time for which she is engaged "without good cause shown," and 
if so dismissed she can collect full salary; Provided, She holds herself 
in readiness to fulfill her part of the contract. 

159. The board of directors has no right to deduct from a teacher's 
salary for legal holidays occurring during the school term. 

ICO. A teacher may collect salary to the amount of actual damage 
suffered by the failure of the board of directors to fulfill its part of the 
.contract. 

161. If a school board closes a school during the term on account 
of the prevalence of a contagious disease, the teacher does not lose his 
pay, unless he consents to lose it; Provided. He holds himself in readi- 
ness to teach, subject to the order of the board. 

162. A teacher may collect salary for the number of months speci- 
fied in the contract entered into with the board of directors of the school 
district where he teaches; Provided, The directors have not contracted 
with the teacher to pay wages in excess of the revenues for the year. 

163. If a teacher is ready to begin school at the time specified in 
liis engagement, and owing to neglect of duty on the part of the school 
board, can not do so, he is not compelled to make up the time thus lost, 
but is entitled to his salary from the time specified in such engagement. 

164. There is no law authorizing a teacher to draw his salary for 
the two weeks spent in attending the normal institute. 

165. If the board of directors closes the term of school before the 
expiration of the time contracted for, the teacher being ready to fulfill 
his part of the contract, the board is liable for the teacher's salary for 
the full term agreed upon. 

166. If, with the consent of the directors, a teacher holds school 
on a legal holiday to make up for a day lost, the teacher is entitled to 
pay for the full month. 

167. The directors have full authority to decide how many schools 
shall be conducted in their respective districts and where such schools 
shall be held. 

168. The teacher has a right to her hour's intermission at noon, 
providing she teaches the requisite six hours through the day. She is re- 
quired to teach school from 9 a. m. until 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

169. When a teacher begins work without having entered into a 
definite verbal or written contract with the school board which employs 
her, she has a right to leave the school at any time, and the school board 
has the right to discharge her at the end of the first month's work, and 
also to employ another teacher. 

170. In case two members of the board at a legally held meeting 
of the board voting a certain sum as the teacher's salary, written notice 
of such action being sent to the teacher, the notice is binding upon the 
, board and equal to a contract. 

98 



DIRECTORS. §81 

171. If a school board makes a legal contract either verbal or in 
writing with a teacher, providing for his re-election and specifying the 
salary he is to receive, the board could not at a later meeting change its 
action. 

172. A contract to teach made by two directors with the proposed 
teacher is valid, and the person so engaged to teach can collect the 
amount named in the contract as compensatioii for his services if he 
performs such services in accordance with the terms of the contract. 

173. A school board can not compel a teacher to make up time lost 
during the time a school was closed because of the prevalence of a con- 
tagious disease; Provided, Said teacher holds himself in readiness to 
teach, subject to the order of the board. 

174. The law gives the right to the school board to say how many 
months of school shall be held in excess of the months required by law, 
and also the right to fix the salaries of the teachers employed. The elec- 
tors have no right, legally, to call a meeting to vote upon either of these 
questions, and if such a meeting was held, the school board could not be 
compelled to attend, or to act in accordance with the action taken through 
the meeting. 

175. To be entitled to his salary for the day, the teacher should 
remain in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in attend- 
ance. 

176. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time, 
although the school should lapse by reason of the residents leaving the 
district; provided the teacher has fulfilled her part of the contract and ex- 
presses her willingness to complete the requirements of her agreement. 
The school board should have taken into consideration the possibility of 
such an event at the time the contract was made. 

177. Since there was no written or verbal contract in regard to the 
length of your school term, you ^ can not compel the board to continue the 
school for any stated time. The school board has the full power to de- 
cide what the term of school shall be. 

178. A school board can hold a teacher to a contract for the time 
therein agreed. 

179. A teacher is under no obligation to make up time lost when 
school is closed for the purpose of repairing buildings. If a teacher 
absents himself a day or more from his work, he himself being re- 
sponsible for the loss of time, he must make good the loss of time or 
forfeit his pay. 

180. A school board has the full power to employ or discharge 
teachers and to decide what term of school shall be held in a district. 

181. A teacher is not entitled to receive pay for the time lost while- 
attending a teachers' examination. 

182. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time. 

183. The point of the teacher's failure to hold himself in readiness 
to teach is not sufficient cause for refusing to pay him for the time the 
school was quarantined,, since he was there when his services were re- 
quired and the board suffered no actual damage by his absence. 

Furnish clothing for indigent children. 

184. There is no law authorizing the school board to pay from the 
fund the board of children who live a distance from the school. It is 
the duty of the school board, however, if the parent, by reason of poverty, 
can not properly clothe the child, to furnish necessary clothing and pay 

99 



§81 DIRECTORS. 

for the same out of the school fund by warrant drawn as in other cases, 
but even this fact must be shown to the satisfaction of the board. 

Use of district funds. 

185. The school funds can not be legally used for defraying the ex- 
penses of a singing school. 

186. A school board can not legally loan the money of the district. 

187. A school board can not legally contract for the work of in- 
structing high school pupils to be done by a private party or corporation 
and pay for it out of public school funds. 

188. A director of a school board has .no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another district. Any member so misappro- 
priating the funds of the district can be compelled by process of law to 
refund the money. 

189. When funds are used in violation of the law, any elector of the 
district or any county superintendent has the right at any time after 
said funds have been so used, to bring suit to recover the same, the mem- 
bers of the school board that signed the illegal warrants being liable for 
the amount involved. 

190. It is the duty of the county superintendent to prevent any 
illegal expenditure of funds, and any citizen of the district may at any 
time after any illegal expenditure bring suit to recover the funds illegally 
expended. 

191. The school board has no right to use the school funds in the 
employment of attorneys or other expenses to antagonize the action of a 
board of health. 

192. If an attorney is employed to defend an action brought against 
the district, then the district must pay his fees; but if brought against 
the individual directors, they must pay their own attorneys' fees. 

193. A district school board has the right to use the funds of a 
district to pay for legal services properly engaged for the protection of 
the interests of the district. 

194. The directors have no right to use, or permit the use of, fuel 
paid for from school funds for other than school purposes. 

195. The law makes no provision whereby the board of directors 
of a district can appropriate school money to pay special teachers for the 
pupils of said district who are unable to attend the regular school. 

196. In regard to payment for transportation of pupils to and from 
school, there is no direct provision of the law authorizing such action. 

197. There is no law authorizing the school board to pay from the 
fund, the board of children who live a distance from the school. The 
board can, however, upon a vote of the electors, pay from a special fund 
such board, giving the children the advantage of the school if they wish 
to do so. 

Special levy. 

198. In any district of the third class a levy on taxable property 
must be made by the qualified voters when assembled at any regular or 
special meeting, and such levy can not be made by board of directors. 

199. There is no limit to the special levy in first and second class 
districts. 

200. When the electors have voted a definite special levy for build- 
ing a school house, the board can not spend in building said school house 
more than the proceeds of said special levy, unless so directed by the 
electors. 

100 



DIRECTORS. §81 

201. The right to levy a 1-10 of a mill tax for library purposes in 
school districts rests entirely with the school board. A vote of the elec- 
tors of the district is not necessary for this purpose. 

Auditing of bills. 

202. The auditing of bills against a school district must be per- 
formed by the board of directors at a meeting thereof, and vouchers or 
warrants issued for the payment of such bills are legal only when issued 
by a vote of a majority of the board at such meeting. 

203. The constitution of Colorado prohibits the ci'eation of a debt 
by loan for building purposes in any other way than by a vote of the 
electors. While a certificate of indebtedness can not be considered a loan, 
strictly speaking, the courts would probably construe it to be prohibited 
by the same constitutional provision when issued to cover a debt incurred 
by building. 

204. A member of the board has no authority to contract any in- 
debtedness against the district, as contracts of such indebtedness can 
only be made by a majority of the board at a regular meeting. 

Debts. 

205. A debt can only be contracted by a majority of the members 
of the board at a regular meeting, or at a special meeting called for that 
purpose. As the auditing of bills for an indebtedness is an entirely sep- 
arate act from the contracting of the same, it necessarily follows that 
they must be performed at different times. The bills should be audited 
at a meeting of the board of directors, and the vouchers or warrants for 
such indebtedness be ordered issued by a majority of said board. 

Bonds. 

' 206. Having considered the relation in which the act of 1899 stands 
tc the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 11 of the school act. 

207. A school district created from organized territory, which is 
already bonded for building purposes, can issue new bonds to an amount 
not to exceed the difference between its share of the present bonded in- 
debtedness and three and one-half per cent, of the assessed value of its 
property, both I'eal and personal. 

208. Bonds can not be voted for sinking an artesian well; but if 
the district has sufficient monej in its special fund, it may use that 
money for such a purpose on a vote of the electors. 

209. A school district has no right to create a debt except through 
bonding the district in accordance with the provisions of section 11 of 
the school law, and the further provision that warrants may be issued 
before the funds to pay them are actually in the treasury; Provided only. 
That the total sum of such warrants does not exceed the revenue of the 
district for the year in which they were issued. 

Pupil's residence. 

210. An emancipated minor has a right to declare his residence, and 
is entitled to all the school privileges of the district of which he is, bona 
fide, a resident. 

211. The fact that a person pays taxes in, two counties does not 
give him the right to send children to school in both districts in which 
the taxes are paid. A man's residence can only be in one place, and the 

101 



§81 DIRECTORS. 

place where the home is permanently located determines the district 
where the children have a right to attend school. 

212. Residence under the school law means a person's real home, 
not temporary abiding place. 

When people move into a town at the beginning of school, expecting 
to return to their permanent home at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such families. 

213. If the parents or guardian of a child remove from a school 
district, claiming a residence elsewhere, the child is not properly a resi- 
dent of the district from which the parent or guardian has moved. 

214. A child who is living with a l>ona fide resident of a district and 
dependent upon such resident for a living is entitled to attend school in 
such district free, though the parents of such child are living in another 
district. 

215. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch 
is located should enroll the children upon the census list. 

216. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

If renters rent by the month, leaving when school is out, and hav- 
ing a fixed home elsewhere, the children should be enrolled in the dis- 
trict where the fixed home is located. 

If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the district 
where they rent. 

If the mother votes in a cei'tain district, living there with the chil- 
dren, that would be her residence and the children should be enrolled in 
such district. 

217. The fact that one is a taxpayer in a certain county does not 
give him the right to send his children to any school in the county, he 
simply having the right to send his children to the school located in 
the district in which he permanently resides. 

218. A resident's objection to the attendance at school of a child 
from another district is of no effect, provided the board of directors is 
willing to permit such attendance. 

219. The law makes no provision whereby a school board can pay 
the board of a pupil in another district. 

220. There is no law authorizing the school board to pay the board 
of children who live a great distance from the school house, in order that 
they may attend school, out of the school fund. 

221. In regard to whether a person living in a district where there 
are two schools has a right to send his children to either, the matter 
should be controlled by the local board of directors the same as is done 
in cities where the boards control the sending of children to the different 
city buildings. 

222. If a person moves his family into a school district for the pur- 
pose of availing himself of the advantages afforded by that district, and 
subsequently, during the school year, removes from the district, he is not 
a resident of such district, within the meaning of the term as used in 
the school law of Colorado. The following is taken from a decision of 
the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014) : "Effort 
has been made to guard against the precipitancy of non-residents to 
points where superior advantages exist, and schools of high order are 
maintained, by holding that such children only are entitled to free tui- 

102 



DIRECTORS. §81 

tion as are actually residing in the district for other reasons, as a main 
purpose, than to participate in tlae advantages which the school affords." 

General funds. 

223. It is legal to draw on the genei'al fund to pay the janitor who 
is employed in a school. 

224. The general fund may be used for building, fui-nishing or 
erecting additions to school houses, or for improving the school house, 
sites or lots, only after the expense of maintaining the school for a 
period of ten months in one year shall actually have been paid. 

225. "The general fund may be used only for teachers' wages, and 
necessary current expenses, until the school has been conducted for a 
period of ten months in one year." 

226. All moneys remaining to the credit of any district on June 
30 should remain to the credit of such district and can not be turned 
into the general school fund of the county for reapportionment. 

227. Insurance premiums and attorney's fees are not expenses "in- 
cidental to the support of a public school," and therefore must not be 
paid from the general fund. 

Special fund. 

228. If any surplus funds remain in the special fund over what Is 
necessary to meet the regular current expenses of the district, such sur- 
plus may be used to pay past indebtedness. 

229. The law does not give the school board the right, without the 
consent of the electors, to furnish board from the special fund for pupils 
who live too far away to attend. 

Contracts made hy ioard. 

230. A contract made by a majority of the school board is a legal 
contract; Provided, Such contract is made at a regular meeting of which 
all directors had legal notice. The law makes it mandatory that the 
president sign all orders on the county treasurer for the payment of 
money; Provided, That no orders shall be drawn upon the county treas- 
urer except in favor of parties to whom the district has become lawfully 
indebted. 

231. A contract may be legal if not drawn according to the form 
in the school law; Provided, That both parties to the contract are aware 
of the terms contained in the contract, and provided that such contract 
is made at a regular meeting or at a special meeting legally called, and 
of which all the directors had legal notice. 

232. Two members of a school board in districts of the second and 
third classes can make a legal contract without the consent of the third 
member; Provided, Such contract is made at a regular meeting, or at a 
special meeting legally called, and of which all the directors had legal 
notice. 

233. A teacher is not required to do janitor work in this state un- 
less the contract into which he has entered with the district board dis- 
tinctly states that such shall be the case. 

234. A school board can legally let a contract to a man whose wife 
is a member of the school board, as the fact that the wife is a member 
and is, therefore, excluded from being a party to a contract with the dis- 
trict would in no way affect the husband, who is not a member of the 
school board. 

235. A contract made and agreed to by the majority of a school 
board is a legal contract if properly entered into in all respects. It is 
not in the power of one member of a board to block the action of the 
board by his refusal to do his duty. 

103 



§81 DIRECTORS. 

236. A contract made with the president and treasurer of a school 
board would be legal, even if there is a vacancy in the office of sec- 
retary. A warrant signed by the above named members under the cir- 
cumstances mentioned should be considered a sufficient warrant for recog- 
nition by the county treasurer. 

237. When a contract is reduced to writing, it is supposed to ex- 
press the intention of the parties, and when such intention is clear it can 
not be changed by oral evidence. 

Teacher's report. 

238. No part of the last month's salary of a teacher should be paid 
until the reports required by law are made and filed according to speci- 
fications. 

Board of health. 

239. The authority of the board of health is paramount to that of 
a school board, and if the board of health passes a regulation requiring 
vaccination of pupils as a prerequisite to admission to the school it is 
the duty of the school board to carry into effect such regulation. 

240. A by-law providing that any pupil infected with smallpox, 
scarlet fever, diphtheria or any other contagious disease, should be ex- 
cluded from the school, would certainly come v/ithin the powers of the 
board under the statutes; there can be no reason why a by-law providing 
that a well recognized preventive must be resorted to under pain of ex- 
clusion from school, would not be equally within the powers of the school 
board. 



104 



DISTRICTS. 



DISTRICTS, OFFICERS AND ELECTIONS. 

82. School districts to be bodies corporate. 

Each regularly organized school district heretofore formed, 
or that may be formed, as provided in this chapter, is hereby de- 
clared to be a body corporate, by the name and style of "School 

District No ,' in the county of and State 

of Colorado," and in that name may hold property and be a 
party to suits and contracts, the same as municipal corporation 
in this state. [M. A. S., 4004.] 

Attorneys'' fees — Txow paid. 

1. If an attorney is employed to defend an action brought against 
the district, then the district must pay his fees; but if brought against 
the individual directors, they must pay their own attorneys' fees. 

83. Legal school district — when second class districts become first class. 

Every school district in the state which now exercises the 
prerogatives of a school district, and the legality of whose or- 
ganization has not been legally denied, and which has a board 
of directors, duly qualified according to law, and has exercised 
the rights and enjoyed the privileges of a legally and regularly 
established district for one year, shall be, and is. hereby declared 
to be, a legal school district, and all district officers shall hold 
office until their successors are qualified. When school districts 
of the second (2d) class shall attain a school population of one 
thousand (1,000) or more, as shown by the annual census, at the 
next regular election thereafter, as provided in section 44 of this 
act, there shall be elected one (1) director for three (3) years, and 
one (1) director for four (4) years, and one (1) director for five 
(5) years, and annually thereafter one (1) director for five (5) 
years, as provided for in districts of the first (1st) class; and 
the persons so elected, together with the directors whose official 
terms have not expired, shall constitute the new board, which 
board shall enter upon the duties prescribed by law for boards 
of directors of districts of the first (1st) class. [M. A. S., 4000.] 

NOTE— Section 44 above referred to is section 92 herein. 

First class — organized when. 

1. Since the law says positively that when school districts of the 
second class shall attain a school population of 1,000 or more there shall 
be elected one director for three years, one director for four years, and 

105 



§§84-85 DISTRICTS. 

one director for five years, etc., it is really obligatory that a district 
shall organize as a first class district after attaining the specified popu- 
lation. 

84. Legal districts — what constitutes. 

All school districts now formed, or which may hereafter be 
formed, which shall continue to exercise, undisputed, the pre- 
rogatives, and enjoy the privileges of a legally formed district, 
for the period of one year next succeeding the election of its 
officers, shall be deemed to be a Igally formed district, and its 
legality shall not thereafter be questioned. [M. A, S., 4007.] 



ORGANIZATION OF DISTRICTS, ETC. 



85. Organization of new districts — petition — unorganized territory. 

For the purpose of organizing a new district out of a por- 
tion of one or more old districts, the parents of at least ten 
children of school age residing within the limits of the proposed 
new district, shall petition the county superintendent, in writ- 
ing, which petition shall describe the boundaries of the proposed 
district, and the names of all children of school age residing in 
such proposed district at the date of said petition; and said list 
of names shall be held to be the census list of said district until 
the next regular census shall be taken, and if any names are 
found on said list, and also on other census lists for the cur- 
rent year, if the county superintendent is satisfied [that] the 
children so named are hona fide residents of the proposed dis- 
trict, he shall strike such names from the lists of the old districts, 
when the organization of the new district is complete. If, in 
the judgment of the county superintendent, the school interest 
of the districts affected by the proposed change will be best pro- 
moted by said change, he shall direct some one of the petitioners 
who is a legal voter, to notify each elector residing within the 
district so to be form.ed, by personal service as far as convenient, 
and to post a notice in three public places in said new district, 
that such petition has been made, and that a meeting will be 
held, naming the time and place for such meeting, to determine 
the question of the proposed organization. People living upon 
unorganized territory may organize themselves into a school dis- 
trict at any time, without a petition, if a majority of the legal 
voters residing within the proposed district shall so decide at a 
meeting, of which reasonable notice has been given to all resi- 
dent voters, and which meeting shall be conducted as is now 
provided by law for the organization of new districts; Provided, 
That, in addition to the copy of the proceedings now required by 
law, the secretary shall also transmit to the county superintend- 
ent a certified list of all children of school age who are residents 
in good faith in said district at the date of the organization, 

106 



DISTRICTS. §85 

which list shall be lield to be the census list of said district 
until the next regular school census. [M. A. S., 3991.] 

How legally organized. 

1. A new district can not be legally organized out of a portion of 
one or more old districts, with fewer than ten persons of school age 
residing therein. 

2. Renters renting by the year and having no other home, may 
send their children to the school in the district in which they reside, and 
that district may enroll them, or, in other words, they can be counted 
among the ten necessary to form the district. 

3. In the organization of a new district, it is legal to take cogniz- 
ance of persons of school age residing within the limits of the proposed 
new district, whether the said persons are on the census list or not. 

4. It is not necessary that there should be ten persons of school 
age in territory detached from one district and attached to another, but 
there must be left twenty persons of school age in the district from 
which such territory is taken. 

5. There is no law prohibiting the school district which includes 
the county high school from separately estal)lishing and maintaining a 
high school in said district, providing it is a first or second class district 

6. The law provides for no definite number of children in order to 
organize a school district from unorganized territory. 

8ize of territory. 

7. A district having an area of less than nine square miles can not 
be divided for the purpose of forming a new district. 

8. It is not absolutely necessary that nine square miles of territory 
be included in the organization of a new school district. 

9. In unorganized territory there seems to be no limitation on the 
size of the district, nor no supervising power over its formation, placed 
in the county superintendent. 

Twenty children in old district. 

10. A school district can not be legally divided so as to leave fewer 
than twenty persons of school age in the old district. 

Organization of. 

11. At the meeting held for the purpose of determining whether or 
not a new district shall be organized, only those living within the boun- 
daries of the proposed new district have a right to vote. Those living 
in the district from which the new district is to be formed have no voice 
in the matter. 

12. The conditions prescribed for the formation of a new school 
district out of unorganized territory do not apply to the formation of a 
new district out of one or more old districts. (Section 8.5 of the school 
law.) 

13. Under the statute the judgment of the county superintendent 
in matters of the division of school districts is final. 

14. A two-thirds vote of the electors is necessary in order to or- 
ganize a new district from old districts. 

15. It is not required by law that the petitioner for territory to 
be annexed to a school district should be the owner of such territory. 

16. Organized territory can not be legally detached from one dis- 
trict and added to another loy the county superintendent without a peti- 
tion from the residents of the territory, except in cases where the bounda- 
ries are conflicting. 

107 



§85 DISTRICTS. 

17. A portion of unorganized territory may be annexed to a school 
district by the county superintendent upon petition of the majority of 
the legal voters resident within the territory to be so annexed. 

18. More than one section of unorganized territory may be added 
to the district upon petition to the county superintendent of a majority 
of the legal voters within the territory. 

19. In the absence of a showing to the contrary, it will be pre- 
sumed that the county superintendent complied with the law in hearing 
and determining the appeal, and therefore that the change of boundary 
was properly made, but, even in the absence of such showing, as these 
two districts have continued to exercise undisputed the prerogatives and 
enjoy the privileges of legally formed districts for a period of nearly 
twelve years, they will now be considered legally foi-med districts. 

Organization optional with county superintendent. 

20. The county superintendent exercises his own discretion in the 
matter of organizing a new district, even though a petition may have 
been duly presented. 

21. In the matter of the presentation of a petition for the organi- 
zation of a new district, the statute provides that if, in the judgment of 
the county superintendent, the school interests of the districts affected by 
the proposed change, he shall direct some one of the petitioners, who is a 
legal voter, to notify each elector residing within the district so to be 
formed, etc., to attend a meeting, at which the question of organizing a 
new district shall be determined by vote of the electors. 

This language leaves it entirely to the discretion of the county su- 
perintendent whether or not he will call such meeting, or whether or not 
the best interest of the districts will be promoted by such change. The 
matter is not subject to review by the state board of education, unless 
it appears that there is an absolute abuse of such discretion. 

22. It is not within the province of the state superintendent to 
take any part whatever in the organization of a new school district. He 
may, however, as a member of the state board of education, pass upon 
the legality of such organization when an appeal is taken to the board 
from the decisions of the county superintendent. 

23. The matter of organizing new school districts is one mainly in 
the discretion of the county superintendent of schools, subject to the pro- 
visions of section 86 of the school law, providing that no city or town 
shall hereafter be divided into two or more districts, and the districts 
of the first class shall not be divided except upon a vote of the electors 
of the district, and that no district shall be divided for the purpose of 
forming a new district unless it contains more than nine square miles, 
nor unless the remaining portion of the district shall contain twenty or 
more persons of school age. 

24. The county superintendent has the right to grant or not to 
grant a petition for the establishment of a new district, and the state 
superintendent has no right whatever to compel any county superintend- 
ent to grant such a petition if, in the county superintendent's judgment, 
it is not wise or desirable. 

25. The county superintendent has the right to exercise his own 
discretion in regard to the annexation of a portion of one district to 
another. 

26. The county superintendent is under no obligation to transfer 
territory from one district to another, even though a petition as pre- 
scribed by law has been presented to him asking for such transfer. 
He will change boundary lines only when in his judgment the educa- 
tional interests of the districts affected will thus be best promoted. 

108 



DISTRICTS. §86 

When district liable fcr debts. 

27. Territory annexed to a school district is liable for the debts 
of the district from which it was detached to the extent of the tax al- 
ready levied against such territory at the time of the division of the 
district. A remote part of the district can not take steps, after bonds 
have been voted and before they are issued, to set itself apart and form 
a new district, thus avoiding its liability for interest and principal on 
the bonds 

28. A new school district is liable for its pro rata share of the in- 
debtedness. 

People vote on free text books. 

29. In case of a new district formed from one in which text books 
are furnished free, the question of supplying free text books in such new 
district must be submitted to a vote of the people. 



86. New districts — how organized — election of directors. 

The qualified electors of such proposed new district when 
assembled in accordance with the notice above required, shall 
organize by electing a chairman and secretary. Everj- legally 
qualified elector, and none other, shall be entitled to vote at such 
meeting. After the organization of such meeting, as above men- 
tioned, a vote shall be taken by ballot on the question whether 
or not the proposed district shall be organized. Those in favor 
of organization shall vote "yes," and those opposed '*no." If 
two-thirds of the legal voters so voting are found to be in favor 
of such organization, and not otherwise, the meeting shall pro- 
ceed to elect by ballot a board of directors of said district, who 
shall hold oflfice until the ensuing regular election, as provided 
in section forty-four (44) of this act. The secretary of said meet- 
ing shall immediately transmit to the county superintendent a 
copy of the proceedings of the meeting, upon receipt of which, if 
the proceedings are found to have been in accordance with law, 
he shall establish and number such district and enter a record of 
the same, and of the proceedings of the meetings, as provided in 
section twenty-four (24) of this act; Provided, If such organiza- 
tion of a new district works great hardship to any head of a fam- 
ily, a statement of the facts may be submitted to the superintend- 
ent, and two disinterested persons, one to be named by the su- 
j)erintendent and one by the person affected, and if, in their 
judgment, good cause be shown for the transfer, he may be trans- 
ferred to another district; Provided, further. That no district 
shall hereafter be divided for the purpose of forming a new dis- 
trict, unless it contains an area of more than nine square miles 
or has an assessed valuation of more than twenty thousand dol- 
lars f.|20.000.00) and forty children of legal school age, nor shall 
a district be divided, if by so doing the remainder of the district 
shall be found to contain less than twenty persons of school age, 
and, when practicable, the district shall conform to government 
lines; Provided, also. That no city or town shall hereafter be 

109 



§86 DISTRICTS. 

divided into two or more districts, nor shall the districts of the 
first class be divided, except upon a vote of the electors of the 
district, submitted at an annual election, a majority of all the 
votes cast being in favor of such division. [3 Mills (Rev.), 3992.] 

NOTE— Sections 24 and 44 above referred to are sections 55 and 94 herein. 
Two-thirds vote necessary to organize. 

1. A two-thirds vote of the electors is necessary in order to organize 
a new district from old districts. 

2. In the organization of a new school district, the law requires 
two-thirds of the votes cast to be favorable. 

Territory required. 

3. It is not absolutely necessary that nine square miles of territory 
be included in the organization of a new school district. 

4. A district having an area of less than nine squai-e miles can not 
be divided for the purpose of forming a new district. 

Number left in old district. 

5. As to whether, in counting the number of pupils left in a district 
after a division has been made, the count is made from the present actual 
residents or from the number contained in the last census list, clearly it is 
expected that twenty persons shall actually be shown to be residing in the 
district after the division is made. 

6. A school district can not be legally divided so as to leave fewer 
than 20 persons of school age in the old district. 

7. No old district can be divided and form a new district, unless it 
contains an area of more than nine square miles, or has an assessed valu- 
ation of more than $20,000.00 and forty children of school age, nor can 
it be divided if the remainder of the district is left with fewer than twenty 
persons of school age in it. 

Term of office in new district. 

8. Members of a school board elected in a" new district hold office 
only until the ensuing general election of the May following. 

9. When directors for a new district (not of the first class) are 
elected they hold office only until the ensuing regular election, when a 
full board shall be elected, as indicated in section 69, viz.: One (1) presi- 
dent for three (3) years, one (1) secretary for two (2) years and one (1) 
treasurer for one (1) year; and annually thereafter there shall be elected 
for three (3) years a person to fill the vacancy then occurring. 

10. When new school districts are formed out of an old district, that 
portion of the old district that retains the original number should be con- 
sidered the old district, and any member of the school board residing in 
that part of the old district that continues to exist as the old district 
should fill out his full term for which he was originally elected. 

Family transferred to another district. 

11. In the organization of a new district, the county superintendent' 
may transfer a family to another district. 

County superintendent use discretion. 

12. The matter of organizing new school districts is one mainly in 
the discretion of the county superintendent of schools, subject to the pro- 
visions of section 86 of the school law, providing that no city or town 

110 



DISTRICTS. §8T 

shall hereafter he divided into two or more districts, and the districts of 
the first class shall not be divided except upon a vote of the electors of 
the district, and that no district shall be divided for the purpose of form- 
ing a new district unless it contains more than nine square miles, nor 
unless the remaining portion of the district shall contain twenty or more 
persons of school age. 

Failure to make annual report 

13. A school district, having kept up its organization and main- 
tained a four months' school during the year, can not be annulled merely 
for the reason of having failed to make the annual report. The secretary 
of the district is the culpable party in such a case, and is liable on hia 
bond for any loss that may result to the district by reason of his neg- 
ligence. 

• Text books — vote of people. 

14. In case of a new district formed from one in which text bookss^^- 
are furnished free, the question of supplying free text books in such new 
district must be submitted to a vote of the people. 

Appeal from arbitration committee. 

15. The appeal should be made to the county superintendent within? 
thirty days after the decision of the arbitration committee and the basis 
of the proceeding shall be according to section 4 and section 5. school 
law^ It is only after the decision of the county superintendent that am 
appeal may be made therefrom to the state board of education. 



87. Uniting two or more districts — territory annexed or detached. 

Two or more contiguous districts may be united into one 
district. For the purpose of effecting such union, each district 
shall, at a special meeting legally called for the purpose, deter- 
mine by ballot whether or not a majority of the legal voters 
assembled are in favor of such union. Those in favor will vote 
"yes" and those opposed "no." If a majority- of the voters pres- 
ent in each district vote in favor of a union, a union meeting: 
shall be called by giving at least ten days' public notice, at 
which meeting the organization shall be perfected by the election! 
of officers and other necessary proceedings, in the same manner 
as provided for the organization of districts in section twenty- 
eight (28) of this chapter; Provided, That where a first class 
district is joined in such union with a district, or districts, of 
a lower class, the board of directors of such first class district 
shall be held to be the board of directors for the united dis- 
trict, and the members thereof shall be entitled to serve the 
unexpired portion of their respective terms as such directors of 
said united district ; and the board or boards of directors of 
the lower class districts included in said united district shall 
cease and determine upon notice from the county superintendent 
of schools that such districts have been united under the pro- 
visions of this act. Upon receiving notice from the county super- 
intendent of such union of districts, it shall be the duty of the 
county treasurer to transfer all funds belonging to said districts 

111 



§87 DISTRICTS. 

to the credit of the new district thus formed. A portion of un- 
organized territory may be annexed to a school district ; or a por- 
tion of one district may be detached from said district and an- 
nexed to a contiguous district, by the county superintendent, 
upon petition, in eitlier case, of a majority of the legal voters 
resident within the territory to be so annexed, subject, always, to 
the limitation provided in section twenty-eight (28). [3 Mills 
(Rev.), 3993.] 

NOTE— Section 2.S above referred to is section S6 herein. 

Uniting upon petition of legal voters. 

1. A portion of unorganized territory may be annexed to a school 
district by the county superintendent upon petition of the majority of the 
legal voters resident within the territory to be so annexed. 

2. More than one section of unorganized territory may be added to 
the district upon petition to the county superintendent of a majority of 
the legal voters within the territory. 

3. A county superintendent has a right to detach a portion of one 
district from said district and attach it to a contiguous district upon peti- 
tion of a majority of the legal voters residing within the territory to be 
so annexed. It is not necessary that the consent of the voters residing in 
the district to which the territory is to be annexed should be obtained. 

4. In the case of a petition from one district asking to be united as 
a whole to another district, it is not necessary that the signers should be 
taxpayers, but they must be legal voters. 

5. There is only one way in which a portion of a school district may 
be detached from said district, and that is in accordance with the last 
portion of above section, which gives the county superintendent the right 
to detach territory in one school district and annex it to another school 
district upon petition in either case of a majority of the legal voters of 
the territory to be annexed. 

6. It would be illegal to detach property from a certain school dis- 
trict, leaving it as unorganized territory, since the only provision made 
for detaching territory is upon petition requesting that said territory be 
attached to some other district. 

7. Organized territory can not be legally detached from one district 
and added to another by the county superintendent without a petition 
from the residents of the territory, except in cases whei'e the boundaries 
are conflicting. 

8. When a school district has been annulled and its territory Is 
being annexed to other districts, people wishing to become members of 
other districts may petition to have land other than their own, and on 
which no one is residing, annexed with their land to other districts. 

9. Colorado has no law permitting any of its districts to be united 
with adjoining districts in other states. 

Contiguous — when voted upon — notice. 

10. The question of uniting two contiguous school districts may be 
voted on at the annual school meeting in May, providing the necessary 
notice for a special meeting be given — that is, notices stating the purpose 
of the meeting must be posted at least twenty days before the time the 
meeting is to be held. The notices for the annual meeting will be suffi- 
cient notice if, in addition to the notice of the election, a statement of the 
special business to be transacted is made, and at least three notices are 
posted in the district twenty days previous to the date of the meeting, 

112 



DISTRICTS. §88 

instead of the six clays' notice, whicli is all the time that is required for 
the annual meeting. 

Debts of detached territory. 

11. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district. 

12. The board of directors of a district can not legally transfer the 
funds of that district to another district. 

Annulment — grounds. 

13. If a district is entirely deserted and has failed to make report, 
etc., as specified in section 89 of the school law, the county superintendent 
should declare it annulled and annex it to an adjoining dsitrict simply 
by declaring it so added, and making the proper record. The act of unit- 
ing the two originates and concludes with the county superintendent, sub- 
ject only to the restrictions specified in the law. 

Transferring of territory. 

14. A tenant may be set over to an adjoining district, even if the 
owner of the land objects to it, if done in accordance with the provisions 
of above section. 

15. Unoccupied land can only be transferred from one district to 
another when transferred with other territory upon which people reside. 

No provision is made for simply detaching territory from a district, 
so that a person who can not send a child to a school held in the district 
will be exempted from paying the special tax. 

16. The county superintendent can not transfer territory from one 
district to another, except when both districts are located in the county 
of which he is superintendent. 

17. There is no reason why the territory of a duly annulled dis- 
trict should not be annexed to an organized district, regardless of 
whether the latter was bonded at that time or not, as only the property 
of the new district which was included in the original territory of the 
bonded district, would be liable for the payment of the bonds. 

Annexed territory — census. 

18. If territory is added to a district after the annual census of 
that distinct has been taken, the names of persons of school age residing 
in the annexed territory should be added to the census list and the dis- 
trict given its per capita for such additional names. 



88. Organization of joint districts. ' 

A joint school district may be formed from territory belong- 
ing to two or more contiguous counties. For the purpose of or- 
ganizing a joint district, the same preliminary steps shall be 
taken, and the same course pursued, as is provided for the organi- 
zation of other districts, in sections twenty-seven (27) and 
twenty-eight (28). Such district shall be designated as "Joint 

District No , of the counties of and 

," and shall be so numbered that it shall 

have the same number in all the counties from which it is formed. 
The petition required by section twenty-seven shall be made to 
each county superintendent interested, who shall unite in form- 

113 



§88 DISTRICTS. 

ing such districts; Provided^ That the school census, the record 
of attendance at school, the assessing of property, the collection 
of taxes, and all other acts which from their nature should be 
separately kept or done, shall be kept and done, and the reports 
thereof made, as if each portion of said joint district belonging to 
each county were an entire district in the respective counties. 
The teachers of such joint district shall have a certificate from the 
superintendent of the county in which the school house is located. 
No joint district shall be annulled except by the consent of the 
county superintendents of the counties in which such district is 
located; Provided^ That when any joint district desires to be 
annulled for the purpose of forming separate districts, it shall re- 
quire a majority of the voters constituting said joint district, 
at a meeting called for such pur-pose. [M. A. S., 3995.] 

NOTE— Sections 27 and 2S above referred to are sections 85 and 86 herein. 
Territory attached or detaclied. 

1. Territory beloiaging to' a joint district can not be detaclied from 
or attached to an adjoining district witliout the consent of all the county- 
superintendents interested in such joint district. 

2. The only way in which any portion of a joint district can be 
taken from the joint district and annexed to another is by going through 
the procedure mentioned in above section. The joint district would have 
to first be annulled with the consent of the county superintendents and a 
majority vote of the electors of said joint district. The territory should 
then be annexed to the other district, in accordance with the require- 
ments of section 87. 

3. A portion of a joint district can be detached from said district 
and attached to another only under the provisions of above section, un- 
less cause for annulling the district exists. 

Formed by dividing counties. 

4. In the organization of new counties by the general assembly the 
county lines, in a few cases, divided organized school districts into two 
parts, leaving the district in two counties; in such case, the district 
should be considered as a joint district. 

Elections.' 

5. The general law in regard to the election of school directors 
applies to a joint district just as to any other. 

Who may vote. 

6. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matters of bonds, which requires a voter to be also a taxpayer. 

Attached to union high school in another county. 

7. A district in one county may be attached to a union high school 
district existing in another county. 

Secretary's bond — loarrants. 

8 In a joint district the secretary of such district should file a 
bond in both counties and the board should draw warrants on each 
county treasurer. 

114 



DISTRICTS. §89 

89. When a new district shall be entitled to public school money — 
proviso. ' 

No new district, formed as provided in sections twenty-seven 
and twenty-eight of this chapter, shall be entitled to any portion 
of the public school money until a school has ac^tually com- 
menced therein, and unless within six (6) months from the 
establishment of such district a school be opened and maintained, 
as required by laAv, the action making such district shall be void, 
and all actions had by such district, acting as a body corporate, 
shall cease and determine, and all taxes which may have been 
levied in the old district or districts out of which the new one 
was formed, shall be valid and binding upon the real and per- 
sonal property of the new district, the same as if said new dis- 
trict had never been organized ; Provided, That the county super- 
intendent may, for good cause, extend the said six (6) months 
to eight (8) months; said time of limitation shall begin to run 
from the time of the meeting at which it was voted to organize 
the district; whenever any district shall, for the period of one 
year, fail to maintain a school and to keep up its organization of 
officers, and to make annual report as required by law, the 
county superintendent may declare such district annulled, and 
annex its territory to adjoining district or districts. [M. A. S., 
3994.] 

NOTE— Sections 27 and 28 abov^ referred to are sections S5 and SG lierein. 

School actually commenced. 

1. A newly organized district is not entitled to a share of the gen- 
eral fund (state and county) until a school has actually begun in such 
district. 

2. No new district is entitled to any poi'tion of the public school 
fund until a school is actually commenced therein. This, however, 
would not necessarily exclude a district whose school might be found to 
be located outside of the district line through accident, if the school had 
been commenced in good faith. 

3. Where a school district newly organized commences school in 
good faith in a certain building, and supposes the building where the 
school is held to be within the boundaries of the district, it would be 
entitled to di^aw its share of the public funds, notwithstanding the fact 
that the building is discovered, after the school has commenced, to be 
outside of the lirrtits of the district. 

4. A new school district, as soon as its organization is complete, is 
entitled to its share of the special fund standing to the credit of the old 
district, of which it was formerly a part; also to receive each month its 
share of the uncollected special tax; providing, always, that a school has 
been commenced in the district in good faith. 

Failure to open school ivithin six months. 

5. Failure to open a school. in a newly organized district within six 
months from the date of organization makes void all proceedings per- 
taining to the formation of the district, unless the time for opening a 
school therein be extended to eight months by the county superintendent. 

115 



§89 DISTRICTS. 

Territory attached and detached. 

6. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district. 

7. Territory detached from a district which has been bonded is not 
released from taxation to pay both principal and interest of such bonds. 
Such detached territory is liable for such taxation until the bonds have 
been fully discharged, the same as if it had remained a part of the orig- 
inal district. 

8. Lands to which title has not been obtained from the govern- 
ment at the time school bonds are issued by a district of which such 
lands form a part are not subject to tax for the payment of such bonds. 
Hence, if said lands are set off or detached from the district before title is 
perfected, they are not subject to a bond tax in the original district 
when title is complete. 

9. A remote part of the district can not take steps after bonds 
have been voted, and before they are issued, to set itself apart and form 
a new district, thus avoiding its liability for interest and principal on 
the bonds. 

10. Territory belonging to a joint district can not be detached from 
or attached to an adjoining district without the consent of all the county 
superintendents interested in such joint district. 

11. Territory detached from a district which has been bonded is 
not released from taxation to pay both principal and interest of such 
bonds. Such detached territory is liable for such taxation until the 
bonds have been fully discharged, the same as if it had remained a part 
of the original district. 

Transfer of general fund. 

12. A school district can not lawfully transfer its apportionment of 
the general fund or any portion thereof to another district. 

Annulment of district. 

13. According tc the law, whenever any district shall, for a period 
of one year, fail to maintain a school and keep up its organization of 
officers, and to make an annual report as required by law, the county su- 
perintendent may declare such district annulled, and annex its territory 
to adjoining district or districts, but such action must be taken by county 
superintendent before such district ceases to exist. 

14. There is no law providing for the annulling of a portion of a 
district that it may become unorganized territory, and it does not seem 
good policy to do so. 

15. If a district is entirely deserted and has failed to make report, 
etc., as specified in section 89 of the school law, the county superintend- 
ent should declare it annulled and annex it to an adjoining district sim- 
ply by declaring it so added, and making the proper record. The act 
of uniting the two originates and concludes with the county superintend- 
ent, subject only to the restrictions specified in the law. 

16. A district may be annulled when, for the period of one year, it 
has failed to maintain a school, keep up its organization of officers, and 
make its annual report as required by law. 

When not annulled. 

17. "Whenever any district shall, for a period of one year, fail to 
maintain a school and keep up its organization of officers and to make 
its report as required by law, the county superintendent may declare 
such district annulled and annex the territory to an adjoining district 

116 



DISTRICTS. §90 

or districts." Therefore, the mere fact that school has not been held 
in a district is not sufficient to warrant the county superintendent in 
annulling the district. 

18. A school district, having kept up its organization and main- 
tained a four months' school during the year, can not be annulled merely 
for the reason of having failed to make the annual report. The secretary 
of the district is the culpable party in such a case, and is liable on his 
bond for any loss that may result to the district by reason of his negli- 
gence. 

19. Four months of school in each school year are necessary in 
order that a district may hold its organization. Three months of school 
are necessary to entitle a district to its share of the public funds. This 
practically makes four months of school necessary in each district. 

21. A district in which there are no pupils of school age residing 
may keep up an organization for an indefinite time by electing officers 
and making all necessary reports. 

22. If the county superintendent does not declare the district an- 
nulled, and it maintains a public school at least three months of the 
school year, it shall be entitled to the school fund for that year. This 
does not conflict with the decisions referred to, since a district is not 
annulled, except as the county superintendent declares it so. 

Disposition of fund — when district annulled. 

24. If a school district has failed to hold school for one year, and 
has failed to keep up its organization, the funds belonging to such dis- 
trict should be turned into the county general fund, unless its territory 
is attached to another district, in which case the money should be trans- 
ferred to the district to which it is attached. 

25. The fund belonging to a district declared annulled should be 
turned into the county general fund. If its property is attached to an- 
other district or districts, each district shall own and hold all permanent 
property, such as sites, school houses and furniture situated within these 
boundaries. All division of funds shall be apportioned by the county su- 
perintendent whose duty it shall be to apportion said money monthly, 
between the fractions of the divided district, according to the location 
of the property on which said tax was levied. 

90. When new district entitled to share of funds— apportionment. 

When a new district is formed from one or more old ones, 
tlie school funds remaining to the credit of the district, after 
providing for all outstanding debts, excepting debts incurred 
for building and furnishing school houses, shall be divided as 
follows: The basis of division for the school fund shall be the 
school population, as showm by the last school census before the 
division of the district or districts occurred, and shall apply 
such funds as reipain to the credit of said old district or dis- 
tricts at the time of the organization of said new district, and 
each district shall receive funds in proportion to its per 
cent, of the said census. In case of division, each district 
shall own and hold all permanent property, such as sites, 
school houses and furniture, situated within its boundaries. 
All division of funds under this provision shall be made by 
the county superintendent, and when there are unpaid special 
taxes on the county tax book belonging to a district at the date 
of its division, the* county treasurer, upon being notified of such 

117 



§91 DISTRICTS. 

division by the county superintendent, shall retain all money 
received in payment of said special tax until the same shall be 
apportioned by the county superintendent, whose duty it shall 
be to apportion said money monthly, between the fractions of 
the divided district, according to the location of the property 
on which said tax was levied. At the first apportionment after 
the organization of a new district, the county superintendent 
shall apportion to such district its per capita proportion of the 
general fund, but no money, either from the general or special 
fund, shall be paid out of the county treasury on account of such 
district until a school [house] shall have been begun therein in 
good faith. [M. A. S., 3996.] 

When district can not he annulled. 

1. "The above section of the school law provides for distribut- 
ing any school funds remaining to the credit of a district when a new one 
is formed from one or more old ones, but there is no law providing for 
the payment of the indebtedness of a district in case it should be disor- 
ganized and wiped out of existence. The legislature never intended that 
a school district should be disorganized until all its outstanding obliga- 
tions are provided for. The superintendent may declare the district an- 
nulled, and at the same time provide in the order in which it was con- 
tracted for the payment of such indebtedness by the district to which 
the territory should be attached, providing such district should consent 
thereto. He certainly should not make an order annulling the district 
until some provision is made for the payment of its outstanding war- 
rants, and if he has done so, in any case, it could not have the effect to 
cancel such indebtedness or make it invalid." 

Teacher's contract. 

2. When a school district has been divided, in the division of funds 
between the old district and the newly organized district, the clause in 
above section which states that, "after providing for all outstanding 
debts, etc.," can not be interpreted to mean contracts made with teachers 
for certain months of school which are yet untaught. No debt exists 
for the months of teaching which are yet to come. 

Census list. 

3- If territory is added to a district after the annual census of that 
district has been taken, the names of persons of school age residing in 
the annexed territory should be added to the census list and the district 
given its per capita for such additional names. 

4. The residence of the parents or guardians determines the school 
district in which the children's names should be listed. In case the 
mother has one legal residence and the father another, the residence of 
the mother determines the residence of the children. 

Transfer of funds. 

5. The board of directors of a district can not legally transfer the 
funds of that district to another district. 



91. Districts may hold real estate — proviso. 

It shall be lawful for any school district in this State to 
take and hold, under the provisions of any law now or hereafter 

118 



DISTRICTS. §91 

in force providino- for the exercise of the right of eniineut do- 
main, so much real estate as may be. necessary for the location 
and construction of a school house and convenient use of the 
school; Provided, That the real estate so taken otherwise than 
by the consent of the OAvner thereof, shall not exceed in dis- 
tricts of the first class, three acres, if real estate be unplatted, 
and not exceeding one block if real estate be platted, and in dis- 
tricts of all other classes, not exceeding one acre. [L. '07, p. 502.] 

NOTE— Chapter 31 referred to is the chapter on "Eminent Domain," M. 
A. S., page 1097. 

Power to condemn. 

1. Upon showing that such action is necessary for the location and 
construction of a school house, and convenient use of the school, directors 
may, under the "Eminent Domain Act," condemn land as above provided, 
and the owner must accept the amount of damage awarded. 

2. Section 15, article 11, of the constitution, gives the right, and 
chapter 45 of Mills' Annotated Statutes, as amended, provides a complete 
plan of procedure for condemning private property for public use. 

Belongs to school district. 

3. When land has been taken by a school district under the pro- 
visions of the "Eminent Domain Act," if it has been used for school pur- 
poses and no other, it belongs to the school district, and not to an indi- 
vidual who has recently made purchase of the quarter section of which 
such acre is a part. The individual purchasing the land can not collect 
rent from the district and can not demand pay for the land. 

Title oMained through individual. 

4. A school district can not perfect a title to land, as this is the 
pov/er of an individual only. Before the district purchases the land the 
patent should be issued to some one, otherwise the title would be inse- 
cure. 

Building on school land. 

5. There is no authority in law giving the privilege to build upon 
school land without first receiving a grant from the state land board. 
Upon application to the register of such board, accompanied with plat 
and field notes of the survey, one acre will be granted your district for 
school purposes. 



119 



ELECTIONS. 



92. Annual elections — notices posted — publication — ballot. 

The regular election for electing members of school boards 
shall be held annually in each district on the first Monday in 
May, at which time it shall be lawful to transact any business 
pertaining to schools and school interests. The secretary of each 
school board shall cause written or printed notices to be posted, 
specifying the day and the place or place's of such election, and 
the time during which the ballot box or boxes shall be kept 
open, not less, however, than three hours, and further specifying 
at what hour and place any other business shall be transacted. 
Said notices shall be posted in at least three public places in 
the district, one of which shall be the school house, if there be 
one, at least six days previous to the time of election; and in 
districts of the first class, said notice shall be published weekly 
for the four weeks next preceding such election, in some news- 
paper published in the district, and if there be no paper pub- 
lished in such district, then in a paper published in an adjoin- 
ing district. If the secretary fail to give such notice, then any 
two (2) legal voters residing in the district may give such notice 
over their own names, and such election may be held after 
the day fixed by this act for such election. All elections shall 
be by ballot, and in the absence of a notice specifying the hour, 
the ballot box shall be opened at nine (9) o'clock, a. m., and 
closed at four (4) p. m. In districts of the first class, the school 
boards may order more than one voting place in the district, fix 
the voting places and the limits of the voting precincts, and 
appoint three (3) judges and necessary clerks for each voting 
place, in addition to those provided for in section forty-five. [3 
Mills (Rev.), 4008.] 

NOTE— Section 45 referred to in this section is section 93. 
' Annual election — place — time — notice. 

1. The regular annual election for members of school boards is 
held on the first Monday in May throughout the state. Any business 
pertaining to schools and school interests may be transacted at that time. 
Notice, however, must be given of the "time and place" of such business. 

2. It is not possible for school districts of the third class to have 
more than one voting place. 

3. The question of uniting two contiguous school districts may be 
voted on at the annual school meeting in May, providing the necessary 
notice for a special meeting be given — that is, notices stating the pur- 
pose of the meeting must be posted at least twenty days before the time 
the meeting is to be held. The notices for the annual meeting will be 
sufficient notice if in addition to the notice of the election, a statement 

120 



ELECTIONS. §92 

of the special business to be transacted is made, and at least three no- 
tices are posted in the district twenty days previous to the date of the 
meeting, instead of the six days' notice, which is all the time that is 
required for the annual meeting. 

4. In accordance with section 92, school law, if the notice of the 
annual election for the election of a rhember or members of the school 
board is posted in three places as specified in such section, for the re- 
quired length of time before the election, and sets forth that such elec- 
tion will be held on the first Monday in May, and designates the place 
where the same shall be held and the continuous hours, not less than 
three, during which the ballot box shall be open, would be a legal elec- 
tion, for a member or members of such board, without specifying the 
particular officer or officers to be elected. 

5. A change in the place of election from the one specified in the 
notices posted can never legally be made. 

6. The board of directors determines the place or places where an 
election shall be held, and the secretary gives notice in accordance with 
such direction of the board. 

7. A failure to give the required notice by the secretary would 
not necessarily render the regular annual school election void. 

8. Where the notice of a regular annual school election given by 
the secretary names an unusual hour for the holding of such election — 
say from 6 to 9 o'clock a. m.— the fact that a majority of the residents 
object to the time specified in the notice and undertake to give notice 
for an election at a more convenient hour — say from 9 o'clock a. m. 
to 12 o'clock m. — is conclusive evidence that such majority had notice 
of the time and place fixed by the secretary in his notice, and unless it 
would be practically impossible to hold an election at the hour named 
in the secretary's notice, an election held pursuant thereto would not 
be invalid because of being held at an unusual hour. 

9. The law provides that notices of the regular election for electing 
members of school boards shall be posted at least six days previous to the 
time of election, and in first and second class districts the names of the 
candidates shall be published or posted for five consecutive days preceding 
the election. 

10. A change in the time of election can not legally be made within 
six days prior to election day. 

11. The law does not designate of what the ballot box shall consist. 

12. There is no provision in law by which directors in a district of 
the second and third classes may appoint judges. However, the electors 
present shall appoint a legal voter to fill the vacancy should any of the 
judges be absent at the opening of the polls. 

13. The law specifically states that the ballots shall contain the 
printed or written names of the candidates to be voted for, but makes no 
further provision regarding numbers or distinguishing checks of any kind 
for purposes of identification. 

14. A ballot containing the printed or written name of a legal can- 
didate cast in a legal manner is sufficient. 

15. There is no provision of law requiring an elector selected as a 
judge of election in a second class district to take an oath as such judge. 

16. The result of a school election must stand as announced by the 
judges imtil set aside by the courts in a contest proceeding. 

Polls open three hours. 

17. A school election at which the polls are not kept open three 
hours and the voting done by ballot is illegal. 

121 



§93 ELECTIONS. 

IS. It is lawful for the ballot box for voting on the question of 
bonding the district to be open at the same time as the one for the elec- 
tion of school officers. 

19. School law definitely states that when the question of bonded 
debt is submitted to voters the ballot box shall be kept open as pro- 
vided in section 92, which definitely states that the ballot box shall be 
kept open not less than three hours. If it can be proven that no one 
presented themselves for the purpose of voting during the hour after 
the polls closed, I would not raise the question of the legality of the vote. 

Judges of election. 

20. The fact that there were but two judges at a school election 
would not invalidate the election, if legally conducted in other respects. 

Special meeting — notice. 

21. A special meeting posted on annual blanks was sufficient notice, 
if a statement of the special business to be transacted was -made and the 
notice was posted previous to the annual election. 

Tax levy reconsidered— loJien. 

22. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy. 

School board when not bound by action of electors. 

23. A school board does not have to carry out all motions made 
and carried at the annual meeting of electors, unless such motions cover 
matters upon which the electors ai^e entitled to pass. 

Moving building — vote. 

24. In order to vote upon the question of moving a school building, 
at an annual election, such contemplated business should be stated in the 
notice. The majority vote necessary to carry the same, refers to the 
voters present, and not to all the electors of the district. 



93. Qualifications of electors — sex — oath — penalty for illegal voting — 
proposition to create debt. 

Every elector, legally qualified to vote at a general eection, 
having been a resident of the school district for thirty (30) days 
next preceding the day of election, shall be entitled to vote; 
Provided, That no person shall be denied the right to vote at 
any school district election, or to hold any school district oflSce 
on account of sex; Provided, further. That in districts of the 
first (1st) and second (2nd) class, any person who may desire to 
be a candidate for the ofiice of school director, shall file a writ- 
ten notice of such intention with the secretary of the school 
district in which he resides at least eight (8) days prior to the 
day of the holding of the annual election for school directors, 
and the secretary of said school district shall for five (5) con 
secutive days preceding the day of said election, publish in some 

122 



ELECTIONS. §93 

daily paper or when no daily paper is published in such district, 
then by posting- printed or written notices in not less than five 
(5) public places in such district, the names of all candidates who 
shall have so filed notice of such intention; and the said secre- 
tary shall also have printed or written ballots prepared, beariuG; 
the names of all candidates who have certified such intention of 
being candidates, as aforesaid, printed or written thereon, and 
no person other than those whose names appear upon the ballot 
so prepared, shall be voted for. Any person offering to vote 
may be challenged hj any legally qualified elector of the dis- 
trict, and any one of the judges of election shall thereupon ad- 
minister to the person challenged an oath, as follows: "You 
do swear (or affirm) that you are a citizen of the United States, 
or that 3-ou have declared your intention to becoming such; that 
you have resided in this state of Colorado six (6) months imme- 
diately preceding this election; that you are twenty-one (21) 
years of age; that you have resided in this district thirty (30) 
days next preceding this election; and that you have not voted 
at this election. So help you God (or under the pains and pen- 
alties of perjury.)" If he shall refuse to take such oath or af- 
firmation, his vote shall be rejected. Any person guilty of vot- 
ing illegally, shall be punished as provided in the general elec- 
tion laws of this state. The president, secretary and treasurer 
of the district school board shall act as judges of the election, 
except as otherwise provided in section forty-four and should 
any of the judges be absent at the opening of the polls, the 
electors present shall appoint a legal voter to fill the vacancy; 
Provided, lioicevcr. That at all elections held for voting upon 
a proposition to create or contract a debt by loan for the pur- 
pose of erecting or furnishing school buildings, or purchasing 
school grounds, only such qualified electors of the district shall 
vote thereat as shall have paid a school tax in such district for 
the year next preceding such election. [3 Mills (Rev.), 4009.] 

NOTE— See Qualifications of Electors, article VII, section 1, constitution; 
Women Enfranchised, article VII. section 2, constitution. 

NOTE— Section 44 above referred to is section 92 herein. 

Qualifications of elector's. 

1. If pei'sons spend the winter in town, voting in the town in the 
fall, and return to their homes in another district less than thirty days 
previous to a school election, they are not entitled to vote, since their 
action in voting in the November election is a declaration of their resi- 
dence in the town. 

2. Every person, male or female, over the age of twenty-one (21) 
years, who shall be a citizen of the United States, and shall have resided 
in this state twelve (12) months immediately preceding the election at 
which he offers to vote, in the county ninety (90) days, and in the dis- 
trict thirty (30) days, shall be a legal voter at an annual school election. 

3. The law provides that no person except a qualified elector shall 
be elected a school director, and to be qualified he shall have resided in 
the county ninety days, in the city or town thirty days, and in the ward 
or precinct ten days, and in the school district thirty days. 

123 



§98 ELECTIONS. 

4. In third class districts — that is, districts having under 350 school 
population — the provision of section 93, requiring eight days' notice of 
candidacy, is not applied. It is only in districts of the first and second 
class — districts having over 350 school population — that candidates are 
required to file written notice of such intention with the secretary of the 
school district at least eight days prior to the day of holding the annual 
election. 

5. The fact that an elector is not a taxpayer does not disqualify 
him from holding office, either by election or by appointment. 

6. There is nothing illegal in a man and his wife being members 
of the same school board. Since more than one director may be elected 
from the same family. 

7. Section 93, as amended by implication by article VII of the con- 
stitution, makes it necessary in order to be a qualified elector of this state, 
to be a citizen of the United States and to have resided in this state 12 
months immediately preceding the election at which he offers to vote. 

When election illegal. 

8. An election is not illegal simply because some persons were not 
permitted to vote, even if it is shown that such persons had a right to 
vote. If the ballots excluded would change the result of the election 
there would be strong grounds for' contesting the election. The law 
does not provide for the imposing of fines upon members of school boards 
who have not allowed persons to swear in their votes. 

9. If the candidate who received the twenty votes was not a quali- 
fied elector, his election was invalid, and a special election should be called 
by the board within ten days and notice be given as required for regular 
election. 

Judge of election must take oath. 

10. A school board can not legally appoint any one to act as judge 
of a school election without requiring such person to take the oath for 
the same. 

Special election. 

11. In districts of the second class in case there is no regular 
nominee an election can not be legally held, and a special election should 
be called by the board within ten days, or in case of the failure of the 
board to have properly called such a special election, the county super- 
intendent should appoint. 

Residence of director. 

12. If you are not a resident of the district you could not legally 
be elected as a director of that district. 

13. Actual residence determines one's voting place. The fact that 
a person has "taken up" a homestead, but is not at the time he offers to 
vote located upon his homestead, does not deprive him of the right to 
vote in the place of his actual residence. If a person is holding a home- 
stead claim in good faith, he must retain his residence in the school dis- 
trict in which said homestead is located. 

14. In the case of a person who had lived in a district for over a 
year and a half and who, after teaching six weeks in the district, went 
away for a certain time, expecting to return, if such a person claimed as 
his residence the district in which he had resided for over a year and a 
half, he would be entitled to vote in the district if possessed of the other 
legal qualifications. 

124 



ELECTIONS. §94 

When an elector not a taxpayer can vote. 

15. Any person not a taxpayer, but otherwise a legal voter, is en- 
titled to vote at a regular or special district school meeting upon all mat- 
ters coming before such meeting, except upon a proposition to contract a 
debt by loan. 

16. It is not necessary that an elector voting to place free text books 
in a school should have been a taxpayer in the school district for the 
year preceding the election. 

17. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all questions 
save those relating to bonded indebtedness. 

3Iust he taxpayer to vote on bonds. 

18. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

Who may challenge oath. 

19. A person residing outside of the boundaries of a proposed new 
district has no legal right to challenge a voter residing within the same. 

20. The president of a school board, when acting as a judge of 
election, can administer the oath to a challenged voter, the fact that the 
president requires the oath being equivalent to a challenge. 

Procuring site for school house. 

21. The proposition to build a school house includes procuring a 
site therefor. The interpretation of the law relative thereto is: First, 
that a vote is necessary; second, that if the land were purchased without 
such a vote, the sale would be invalid; third, section 93 of the school law, 
will govern the qualifications of voters. 

Who may be director. 

22. The laws of Colorado do not in any way prohibit a saloon- 
keeper from holding office as a school director, if he has been elected to 
that office in a legal manner. 

23. Moi'e than one director may be elected from the same family. 

Candidacy — whe^i vacancy occurs. 

24. In a first class district, when a vacancy occurs after the ad- 
vertisement of the regular election, four weeks preceding such election, 
a person who may desire to be a candidate for the office of school director, 
by filing a written notice of such intention with the secretary of the 
school district in which he resides at least eight days prior to the day 
of the holding of the annual election, will become a legal candidate, pro- 
viding the other details specified in sections 92-93 of the school law, be ob- 
served. If the resignation occurs after the eight days specified in section 

93, the board would name the director who would hold over until the 
regular election. 

94. Counting votes — tie — special election. 

Immediately after the closing of the polls, the judges shall 
meet at one of the voting places as shall have been previously 
designated by the school board, and shall proceed to count the 
votes, and the person or persons qualified to be elected who 

125 



§94 ELECTIONS. 

shall receive the lai-gest number of votes, shall be declared 
elected, and a report of the said election signed by the judges 
shall be transmitted to the school board. If, for any cause, no 
election be held at the regular time, or if, upon counting the 
votes, there be a tie vote for any one or more of the oflScers, a 
special election shall be called by the board within ten" (101 
days, and notice thereof given, as required in section forty-four 
(44) of this act. A failure to give the prescribed notice of such 
special election shall render the election void. [3 Mills (Rev.), 
4010.] 

NOTE — Section 44 above referred to is section 92 herein. 

Tie vote — special election. 

1. In the case of there being a tie in the vote of two candidates for 
the same position at a school election, it would be necessary to hold a 
special election for the office, in accordance with the rules provided for 
special meetings. 

2. At a school election, in case of a tie vote, it is the intent of the 
school law to provide that notice of another election shall be posted 
within ten days. 

8. In the matter of calling a second special meeting for the elec- 
tion of directors in case of a tie vote, the law contemplates no such ac- 
tion. In case a special election is not called within ten days after the 
time of holding the regular annual meeting, or in case a special meeting 
is duly called within the ten days, but a tie vote is cast, no other meet- 
ing for the election of directors can be called, and the vacancy should be 
filled by the county superintendent. 

Power of judges. 

4. The judges must determine who is legally elected. They have 
the power to throw out an illegal vote, providing it is done before a 
signed report of said election is transmitted to the school board, or the 
final decision is given. A special meeting is only called in case of a tie, 
and must be within ten days after the election. 

Contest— question for courts. 

5. The result of a school election must stand as announced by the 
judges until set aside through legal proceedings contesting the election. 
An election contest is a question for the courts to decide. 

6. The county superintendent has no authority to set aside an elec- 
tion, as it can only be done by the courts, and the county court of j'^our 
county will have jurisdiction in the matter. 

When county superintendent fills vacancy. 

7. If the annual election of school directors is not held, and a spe- 
cial election is not called within the required ten days thereafter, it then 
devolves upon the county superintendent to fill vacancies by appointment. 

When old board holds over. 

8. If an election of school directors is not held, the old board does 
not hold over. The law provides that, within ten days after election, 
notice should be posted of another election. 

126 



ELECTIONS. §95 

Continued meeting. 

9. When a meeting follows after the ballot box has been closed at 
an annual meeting, it may be regarded as simply a continuation of the 
first meeting. 

95. Applies to all school elections. 

The general provisions of sections 44, 45, 46 shall be appli- 
cable to all school elections, whether general or special, or for 
whatever purpose held. [3 ^lills (Rev.), 4()10a.] 

• NOTE— Sections 44, 45 and 4il above referred to are sections 92. 93 and 94 
herein. 

Sections prescriMng manner of conducting elections. 

1. Sections 92, 93 and 94 of the school law prescribe the manner 
of conducting the election — including the "previous notice" — (not the 
same in all districts) "the time during which the ballot box or boxes 
shall be kept open," who "shall be entitled to vote," "counting the votes, ' 
"qualifying," "administering the oath of office," etc. 



127 



ELECTORS. 



96. Qualifications of electors. 

Every person over the a£je of 21 years, possessing the fol- 
lowing qualifications, shall be entitled to vote at all elections: 

First — He shall be a citizen of the United States. 

Second — He shall have resided in this state one year im 
mediately preceding the election at which he offers to vote; in 
the county, 90 days; in the city or town, 30 days; and in the 
ward or precinct, 10 days. [3 Mills (Rev.), 1571.] 

NOTE— Section 93 also requires that a person voting- at a school election, 

in addition to the above qualifications, must reside in the school district 

30 days previous to the school election. See also Article X, section 1 of con- 
stitution. 

97. Women vote — qualifications. 

That every female person shall be entitled to vote at all 
elections, in the same manner in all respects as male persons 
are, or shall be entitled to vote by the constitution and laws of 
this state, and the same qualification as to age, citizenship, and 
time of residence in the state, county, city, ward and precinct; 
and all other qualifications required by law to entitle male per- 
sons to vote shall be required to entitle female persons to vote. 
[3 Mills (Rev.), 1571a.] 

98. Powers of electors at meetings. 

The qualified electors of districts of the third class, when 
assembled at any regular or special meeting shall have power: 

First — To appoint a chairman and secretary in the absence 
of the regular officers. 

Second — To adjourn from time to time, as occasion may 
require. 

Third — ^To fix the site for each school house, taking into 
consideration in doing so the wants and necessities of the people 
of each portion of the district. 

Fourth — To order such tax on taxable property of the dis- 
trict as the meeting shall deem sufficient for any of the follow- 
ing purposes: To pay teachers; to purchase or lease a suitable 
site for a school house or school houses; to build, rent or pur- 
chase a school house or school houses; and to keep in repair 
and furnish the same with the necessary fuel and appendages; 
for procuring libraries for the schools, books and stationery for 

128 



ELECTORS. §98 

! 

the use of the board and district meetings, and to defray all 
other contingent expenses of the district. 

Fifth — To direct the sale or other disposition to be made 
of any school house, or the site thereof, and of such other prop- 
erty', real or personal, as may belong to the district, and to 
direct the manner in which the proceeds arising therefrom shall 
be applied. 

8ixth — To transact generally such business as may tend to 
promote the cause of education, in accordance with the provi- 
sions of this act. 

Seventh — To adopt any rules of order for the government 
of district meetings not incompatible with the provisions of this 
act, and to alter and change the same from time to time, as 
occasion may require. [M. A, S., 4027.] 

Who may vote. 

1. Any person not a taxpayer, but otherAvise a legal voter, is entitled 
to vote at a regular or special district school meeting upon all matters 
coming before such meeting, except upon a proposition to contract a debt 
by loan. 

2. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

S. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all questions 
save those relating to bonded indebtedness. 

County superintendent may institute legal proceedings to remove district 

officer. 

4. A county superintendent has the right to demand the resignation 
of a member of a school board and to institute legal proceedings to remove 
an officer of a school district who is persistently ^''iolating the law and 
any elector of the district has the right to institute proceedings for the 
same purpose. 

Site of school house determined by electors. 

5. The site for a school building in districts of the third class can 
be selected or changed only by vote of the electors taken at the annual 
meeting, or a special meeting legally called. 

6. A board of school directors can not legally change the site for a 
school building which has been selected by a legal vote of the electors ot 
such district. 

7. When the electors of a school district, at a legal meeting, vote to 
erect a building on the school site of the district to be used as a teacher's 
residence, and vote a special tax for that purpose, such action legally au- 
thorizes the directors of the district to contract for the erection of such 
a building. 

S. The law does not require that a school house shall be placed on 
a public road. 

9. The school board of a third class district has no right to move 
school buildings unless directed to do so by vote of the electors of the 
district. 

5 

129 



§98 ELECTORS. 

10. The power to fix the site for school houses necessarily includes 
the power to fix the location of the school, and after a majority of the 
voters of the district (third class) have decided to have the site of the 
school house in a certain portion of the district, it would hardly be hela 
as within the power of the board to defeat the will of the electors by 
establishing a school in some other place. 

11. No petition is necessary to bring the question of selecting a site 
for a school house before the electors concerned. 

12. The location of a school house is for no definite time. A vote 
may be taken on the question of moving the school house as often as u 
meeting for the purpose can be legally called. 

13. A school district has not a legal site if the school is on what 
was formerly government land, but which land has since been filed on 
under homestead law. 

Building of school house, determined by board. 

14. In building a school house the board of directors must keep 
within the appropriation of the electors. If it is desired to spend more 
money than the original appropriation, a meeting of the electors must be 
held to determine whether they will authorize the additional expenditure. 

15. The law does not specify the manner in which a school board 
shall proceed in the matter of building a school house or whether such 
board shall advertise for bids or not. The board is permitted to exercise 
discretion in the matter, having in view at all times the best interests of 
the district. 

16. A sale of a school house, unless authorized by vote of the elec- 
tors of the district, is void and may be set aside in the proper proceedings 
instituted by any elector of the district or by the county superintendent. 

17. The proposition to build a school house includes procuring a 
site therefor. The interpretation of the law relative thereto is: First. 
that a vote is necessary; second, that if the land were purchased without 
such a vote, the sale would be invalid; third, section 93 of the school law 
will govern the qualifications for voters. 

18. The board have no authority to build a school house except 
when directed to do so by a vote of the district; the fund remaining in 
the treasury can not be used for building a school house, except upon a 
vote of the electors. 

19. School must be held in a building situated within the bound- 
aries of the district. 

20. The electors of the district have the power to direct, the sale 
of the school house and the site and empower the board to sell to the 
county commissioners at the stated offer if they are so inclined. 

There is no law requiring it to be advertised and sold if the electors 
wish to make a private sale. 

21. The electors of a district are the only persons who have power 
to levy tax for the purpose of building school houses. 

22. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special meet- 
ing called for that purpose. Such sale should be made in the manner 
prescribed by the electors, which should be at public sale after proper ad- 
vertisement. 

23. The building of a school house as permitted by vote of the 
electors at the last meeting would be lawful if the meeting was a legal 
meeting, even though the vote was taken in reconsideration of the ques- 
tion as previously passed upon. 

24. The electors of a district when assembled at the regular annual 
school meeting in a district of the third class have a right to instruct the 
school board as to what the material of a new school building shall be. 

130 



ELECTORS. 



Taxes. 



28. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the reve- 
nues of the district for the current year; therefoi'e an arrangement for 
issuing warrants payable in one, two and three years, the qualifierl voters 
to vote a levy to be collected in one, two and three years to pay the war- 
rants, would not be legal. The voters have no authority to vote a levy 
except for the current year. It would, therefore, only be possible to raise 
the money by voting bonds for the amount if the electors do not wish to 
levy the whole tax in one year. 

29. In any district of the third class a levy on taxable property 
must be made by the qualified voters when assembled at any regular or 
special meeting, and such levy can not be made by board of directors. 

30. In reply to your question as to whether a majority or plurality 
vote is necessary to decide a special tax levy, and whether the levy to 
be voted upon is to be determined by the school board or by the electors 
themselves in a third class district, I would say that the law requires 
a majority vote and that the amount of the levy should be fixed by the 
electors at a regular or special election. 

Bonds. 

31. Bonds can not be voted for sinking an artesian well; but if 
the district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

32. A school district created from organized territory, which is al- 
ready bonded for building purposes, can issue new bonds to an amount 
not to exceed the difference between its share of the present bonded in- 
debtedness and three and one-half per cent, of the assessed value of its 
property, both real and personal. 

33. Having considered the relation in which the act of 1899 stands 
to the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It Is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 11 of the school act. 

34. A school district has no right to create a debt except through 
bonding the district in accordance with the provisions of section 11 of 
the school law, and the further provision that warrants may be issued 
before the funds to pay them are actually in the treasury; Provided, 
That the total sum of such warrants does not exceed the revenue of the 
district for the year in which they were issued. 

35. The constitution of Colorado prohibits the creation of a debt by 
loan for building purposes in any other way than by a vote of the elec- 
tors. While a certificate of indebtedness can not be considered a loan, 
strictly speaking, the courts would probably construe it to be prohibited 
by the same constitutional provision when issued to cover a debt in- 
curred by building. 

36. The county superintendent has the right to protest against the 
registering of a school warrant when he has reason to suspect fraud, and 
if he has proof of fraud in connection with the warrant, he has the same 
right as an elector of the district to bring proceedings to stop the pay- 
ment of the warrant. 

Special levy. 

37. After a levy is made for a special purpose in a school district, 
and is also made by the county commissioners.- warrants may be drawn 
to the amount of the revenue for the current year. 

131 



§98 ELECTORS. 

38. There is no limit to the special levy in first and second class 
districts. 

39. There is no law authorizing the leA^y of a tax for a sinking 
fund, but section 98 of the school law does authorize the levying of a 
tax for building purposes. The law has been interpreted to mean that 
the tax levied under it must be for a specific purpose, as for building 
a school house, purchasing a site, etc. 

40. The special tax levy should be made previous to sending in 
the annual report of the secretary of the district. The levy can be cer- 
tified to legally by two members of the board. 

41. In the call or notice of a special or annual school meeting it is 
illegal to specify the amount of a proposed levy and to require electors 
to vote for or against the levy thus proposed, without discussion or 
amendment. 

42. When the electors have voted a definite special levy for build- 
ing a school house, the board can not spend in building said school house 
more than the proceeds of said special levy, unless so directed by the 
electors. 

43. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy. 

44. According to legal decisions in this state, a special tax can be 
voted at other than the annual meeting. Paragraph 4, section 98, of the 
school law has been interpreted, in connection with the introduction of 
section 98, to authorize this. 

45. A vote of the electors authorizing a tax levy for building pur- 
poses is not suflBcient. The vote should include both the amount of tax 
levy and the authority to erect a school building. 

Board right to hire teachers. 

46. A school board has the absolute right to engage the teacher, or 
teachers, for the school district. The fact that a majority of the tax- 
payers sign a petition making a protest against the selection made by 
the board can not in any way affect the legal right or the action of the 
board in the matter of the appointment of a teacher. 

47. Since the law gives the board the right to employ and discharge 
teachers and to fix and order paid their wages, the electors of the district 
could have no voice in the matter, and while the patrons of the school 
would have a right to circulate a petition requesting the board to engage 
a certain teacher, the board would have the right to ignore the petition 
if they desired to do so. 

Free text-hooks by vote of people. 

48. In case of a new district formed from one in which text-books 
are furnished free, the question of supplying free text-books in such new 
district must be submitted to a vote of the people. 

49. The board of directors must furnish books for all pupils when 
instructed to do so by a majority vote of the electors of their district, 
as expressed at any regular meeting or special meeting called for that 
purpose. 

50. In regard to a district board furnishing free text-books, the 
provisions of the law mean that a majority of the votes cast upon the 
question of providing free text-books for the district shall govern, and 
not a majority of all the electors residing in the district. 

132 



ELECTORS §98 

51. The fact that a district has voted to furnish free text-books to 
its school children, and has done so for a number of years, does not 
permanently bind the district so to furnish the text-books. If brought 
up in the manner prescribed by law, the district may again vote upon 
the matter. 

Tuition. 

52. There is no legal provision for the payment of tuition out of a 
fund belonging to a school district. If a tuition is charged, pupils who 
attend school in a district other than that in which they reside, that tui- 
tion must be paid by the parents, and not by the district from which the 
pupils come. 

53. The laws do not provide for the payment of tuition in high 
school for pupils above the eighth grade from the public funds of the 
school district. 



133 



EXAMINATIONS. 



99. Examination of teaciiers — deputy — compensation. 

Ou the third Thursday in August, December and March in 
each year he shall meet all persons, of not less than eighteen 
years of age, desirous of passing an examination as teachers, in 
some suitable room at the county seat, notice of which shall be 
given in some newspaper in the county, or in case there is no 
paper published in the county he shall give such notice as may 
by him be deemed necessary, at which time he shall examine all 
SLich aplicants in orthography, reading, writing, arithmetic, 
English, grammar, geography, history, and constitution of the 
United States and the constitution of Colorado, civil govern- 
ment, physiology, natural sciences, theory and practice of teach- 
ing, and the school law of the state. If the applicant is to teach 
in a school of high grade, the examination shall extend to such 
additional branches of study as are to be pursued in such school. 
If satisfied of the competency to teach and of the good moral 
character of the applicant, he shall give such applicant a cer- 
tificate, as provided in the following section, but he shall not 
issue a certificate except one of like grade unless the applicant 
be examined at the regular state examinations. He may, how- 
ever, in case of emergency, recognize county teachers' certifi- 
cates issued in this or other states by endorsing thereon the 
word "Good" until the next regular county examination; Pro- 
vided, That the certificates so endorsed shall be in full force 
ai the date of such endorsement, and shall not be renewed, ex- 
tended, nor show a previous endorsement thereon. If the at- 
tendance upon the examination at the county seat shall work a 
great hardship to five or more teachers in the county, the county 
superintendent may provide for such teacher or teachers to take 
the examination at some convenient place, and the county su- 
perintendent may appoint some suitable person to conduct such 
examination, who shall without delay report to the county su- 
perintendent the written answers of each applicant. Such per- 
son shall be entitled to five dollars (|5.00) per day for conduct- 
ing such examination, and such services shall be certified by 
the county superintendent to the county commissioners. [3 
Mills (Rev.), 3979.] 

Teachers' high school examinations. 

1. The law provides that principals and teachers in second and 
third class districts who are teaching in a regularly organized high 
school shall be required to take the teachers' high school examination 

134 



EXAMINATIONS. §99 

in such branches as they are to teach. The board of directors has no 
right to pay out of the funds of the district any sum to teachers not 
holding a certificate for additional high school branches. 

2. The applicant who was examined in five high school subjects 
should receive a high school certificate, using the same basis of grading 
that is used in issuing county teachers' certificates. 

3. The fee for the examination is one dollar, no matter how many 
subjects are taken. 

4. The grade of a county certificate would in no way affect the 
grade of a teacher's high school certificate. 

Time of examination. 

5. The laws of Colorado do not give the state superintendent the 
right to authorize the county superintendent to hold a special examina- 
tion. 

6. Examinations for teachers' certificates can not be taken at any 
time except at those times prescribed by law for public examinations. 

Age of applicant. 

7. The law provides that an applicant for a teacher's certificate 
must not be less than eighteen years of age. It would be illegal to grant 
a certificate if the applicant did not meet that requirement. It would 
also be illegal for a school board to employ a teacher under such circum- 
stances. 

8. When an applicant of lawful age presents himself for the county 
examination the county superintendent has no course other than to re- 
ceive and grade the papers and report the same to the superintendent of 
public instruction. 

9. A county superintendent can not legally withhold a certificate 
at the request of a person who, as a lawful applicant, appears at the 
examination. 

10. While the law does not state that married women living with 
their husbands in Colorado shall be allowed to teach, there is no law pro- 
hibiting any person eighteen years of age, who can obtain a certificate, 
from teaching, save when a member of the school board. 

Rules governing examination. 

11. The questions issued for the county teachers' examinations are 
divided into sections, one of which, by direction of the state superin- 
tendent, shall be presented at the beginning of each of four different ses- 
sions. The state superintendent is authorized to prescribe rules for the 
examination. In order that all applicants may have an equal opportunity, 
and to avoid the possibility of any being informed in advance of the nature 
of the examination, the county superintendent is instructed to break the 
seal of each section at the opening of the session for which it is prescribed, 
and in the presence of all applicants. Therefore, those presenting them- 
selves for examination will write each portion at its designated time, be- 
ginning on Thursday and continuing through Friday. 

12. The rules governing county examinations of teachers definitely 
states that an average of 70 per cent., no branch below 60 per cent., must 
be made in order to obtain a third grade certificate. Therefore, according 
to the established rules, a certificate issued without the required standing 
would be valueless. 

Only one set of papers can he submitted. 

13. A county superintendent has no right whatever to give a per- 
sonal or oral examination to an applicant, even though such applicant has 
been requested to take a school and has no certificate. 

135 



§99 EXAMINATIONS. 

14. The county teachers' examination can not be taken in parts. 
If an applicant is successful in some of the subjects and unsuccessful in 
others, the entire examination must be taken at some fiiture time. 

15. The law does not permit an applicant at a teachers' examina- 
tion to take a part of the subjects required at the examination, with a 
view to raising the marks obtained at a previous examination. The whole 
examination must be taken or it is invalid. 

16. The laws of Colorado do not permit teachers' examinations for 
certificates in this state to be conducted anywhere but in the various coun- 
ties of the state. 

17. The state superintendent has no right to provide for any ex- 
amination other than those specified by the law. 

18. An applicant for a teacher's certificate must accept the result 
of the examination, even though the certificate received be of a lower 
grade than the unexpired certificate held at the time of taking the ex- 
amination. 

19. There is no rule prohibiting carbon copies being taken by the 
applicant in the county examination of teachers if the county superin- 
tendent does not object. Only one set of papers can be submitted for 
grading, and the carbon copies are only for the applicant's future refer- 
ence. 

Permits not granted. 

20. There is no law authorizing the giving of a temporary permit 
or certificate, and it will be illegal to employ any person to teach in the 
public schools of the state unless such person shall have a certificate. 

21. The laws of Colorado do not make it possible for a permit to 
teach to be granted to any teacher expecting to enter the public school 
work of this state. 

22. There is absolutely no authority in law for a temporary permit 
or certificate of any nature whatever. 

23. Certificates issued in other states may, in case of emergency, 
be recognized by endorsing thereon the word "Good" until the next regu- 
lar county examination. 

Endorsements. 

24. Since the certificate issued is only a second grade, nothing can 
be done except to endorse it "Good" until the next regular county exami- 
nation. It would be illegal to consider it of greater value than its classi- 
fication indicates, no matter what the averages may be. 

25. A county superintendent may endorse a second-grade certificate 
issued in another county, by writing thereon the word "Good" until the 
next regular county examination. 

26. According to law, in case of emergency you can recognize the 
county teacher's certificate by endorsing thereon the word, "Good" until 
the next regular county examination. 

27. It is not legal for a school board to retain a teacher whose cer- 
tificate has expired if the term of school for which such teacher is em- 
ployed extends more than one month after such expiration. The law defi- 
nitely states that a new certificate shall be secured. The endorsement of 
the certificate should read "Good" until the next regular county examina- 
tion. 

28. The county superintendent "May, however, in case of emergency, 
recognize county teachers' certificates issued in this, or other states, by 
endorsing thereon the word 'Good' until the next regular county examina- 
tion; Provided, That the certificate so endorsed shall be in full force 

136 



EXAMINATIONS. §99 

at. the date of such endorsement, and shall not be renewed, extended, nor 
show a previous endorsement thereon." 

Under this act, an emergency may be said to exist whenever there is 
a vacancy in any school in the county, and there can not be found in the 
county a teacher who holds a certificate, and who is qualified to teach 
that particular school, and whose services can be secured. 

It is not said that there may not arise other conditions which, in 
the opinion of the county superintendent, might constitute an emergency, 
but the above is given as a general rule. 

29. State Normal School diplomas and certificates from other 
states, or certificates from other counties in this state, may be recog- 
nized by the county superintendent only in case of an emergency. Under 
this act an emergency may be said to exist whenever there is a vacancy 
in any school of the county, and there can not be found in the county a 
teacher who holds a certificate and who is qualified to teach that particu- 
lar school, and whose services can be secured. 

Such recognition consists of an endorsement by the county superin- 
tendent, making the certificate good only until the next examination. 

30. A district board has not, in law or equity, a right to delib- 
erately create a condition for the purpose of taking advantage of the 
emergency clause in that section of the statute which provides for grant- 
ing and endorsing teachers' certificates. 

31. Circumstances created for a certain purpose do not constitute 
an emergency, and should not be construed as such within the meaning 
of this section. 

32. There is absolutely nothing that can be done in the case of an 
expired certificate. Only certificates that are in full force may be en- 
dorsed in case of emergency. 

33. The law provides that a certificate once endorsed shall not be 
renewed nor extended, therefore the teacher will be obliged to give up 
her school, or if allowed to continue teaching without a certificate she 
takes chances of getting her salary at the option of the board or the 
people. 

34. The laws of Colorado do not give county superintendents the 
slightest authoritj' to recognize district certificates in any way. Such 
certificates are valueless so far as entitling their holders to a right to teach 
in other schools of the county. Neither can examinations for teachers' 
certificates be taken at any time except as prescribed by law for public 
examination. 

35. Since the law provides that the certificate issued by the boards 
of districts of the first class must be of the same grades and under the 
same conditions as those specified in sections 99 and 24 of the school law, 
it follows that equal requirements must be made in districts of the first 
class as in other districts, and the board would not have the right to 
exempt the candidates from examination in one or more of the siibjects 
specified in section 99 of the school law. 

36. The endorsing of a teacher's certificate issued in another county 
is optional with the county superintendent. 

37. The endorsement of a first grade certificate until the next exami- 
nation will not invalidate it in the county where issued. 

39. The endorsement or renewal of certificates and the issuing of 
like grade certificates are in all cases optional with the county superin- 
tendent. 

40. A certificate of like grade from one county can not be endorsed 
by a county superintendent of another county, but if the first certificate 
upon which the like grade was issued is still in force another like grade 
certificate upon it can be issued in another county. 

137 



§99 EXAMINATIONS. 

41. It is impossible for a county superintendent who has endorsed a 
certificate to issue a renewal of the same. Any renewal of a certificate 
must be made in the county where the certificate was first issued. 

42. The time for which an endorsed certificate is good is simply 
that specified by the endorsement. Section 193 applies to such cases ex- 
cepting that the teacher does not have the right to take advantage of the 
one month provision. 

43. The state superintendent has no right to endorse certificates; 
that is a matter which rests with the county superintendent. 

44. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this, or any other state, if the certificate be not in full 
force at the date of each endorsement. Should the board employ a 
teacher without a license to teach, all claim to compensation on the school 
fund for the term will be forfeited. 

45. It is not legal for a school board to retain a teacher whose 
certificate has expired if the term of school for which such teacher is 
employed extends more than one month after such expiration. The law 
definitely states that a new certificate shall be secured. The endorse- 
ment of the certificate shall read "Good" until the next regular county 
examination. 

Superintendent may appoint deputy. 

46. Since the bar examinations are conducted in connection with 
the regular county examination of the teachers, the law governing county 
examinations would also apply to that of the bar examination, and if 
the attendance upon the examinations at the county seat works a great 
hardship to five or more teachers in the county, the law permits the 
county superintendent to provide for such teacher or teachers to take the 
examination at some convenient place, and the county superintendent may 
appoint some suitable person to conduct such examination. 

47. Certificates mR,y be granted only upon examination held at the 
time and place specified by law. If the superintendent wishes to hold an 
examination at another place than the county seat he must appoint a 
deputy who will hold the examination on the prescribed day. 

48. The state superintendent has no authority whatever to au- 
thorize county superintendents to appoint deputies outside of the state; 
nor has he any right to send questions to any individuals outside of 
this state so that the county teachers' examination could be taken else- 
where than in Colorado. 

49. If a county superintendent desires to obtain a certificate to 
teach in the county in which he resides, he is advised to appoint a deputy 
to conduct the examination and pass upon the answers given to the ques- 
tions propounded; also, to issue a certificate in accordance with the 
result of the examination. 

Special certificate for high school. 

50. The law makes the same requirements of the principal or 
teachers of a county high school as of any school of high grade. There- 
fore, a special certificate covering the high school branches must be 
obtained by the applicant who expects to teach in a county high school. 

Teacher not entitled to pay for time lost attending. 

51. A teacher is, not entitled to receive pay for the time lost while 
attending a teachers' examination. 

State superintendent can not excuse from examination. 

52. The state superintendent has no authority to excuse a person 
from taking an examination. 

138 



EXAMINATIONS. §99 

Failure. 

5o. When a teacher holds a first grade certificate, and also one of 
"like grade," the fact that she fails to pass an examination in either 
oounty would not affect the standing of the first grade already obtained 
by her. 

Eighth grade. 

54. There is no specific law governing" the eighth grade county 
examinations. The matter is entirely under the management of the 
county superintendent. 

Ansivers filed. 

55. The law requires that the written answers of all applicants be 
placed on file for three months, the same subject to the order of the 
state board of education. 

Appeal. 

56. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter 
of comity, and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 



139 



FINES. 



100. Justice report — fines. 

Every justice of the peace or other magistrate by whom any 
fine or penalty has been imposed which under the statute should 
be paid into the general school fund, shall at the next regular 
quarterly meeting of the board of county commissioners submit 
an itemized report showing date of trial, title of case, nature 
of offense and amount of fine, giving amounts collected, amounts 
uncollected, and accorhpany said reports with receipts from the 
county treasurer for amounts so collected and paid over to him. 
[3 Mills (Rev.), 2775a.] 

101. County treasurer render statement. 

The county treasurer, at the time of rendering to the county 
superintendent of schools his quarterly certificate of taxes col- 
lected (as provided in section sixtj-six (66) of chapter XCVII 
being general section three thousand and sixty-one (3061) of the 
general statutes of the state of Colorado) shall show sep- 
arately in said certified statement the amounts received from 
fines and by whom paid in. [3 Mills (Rev.), 2775b.] 

102. Apply to tiiose now in office. 

This act shall be construed to apply to and effect those now 
in office during the remainder of their terms. [3 Mills (Rev.), 
2775c.] 



140 



FLAGS. 



103. Directors purchase flag — flagstaff — display. 

The school directors of the several school districts in this 
state may purchase or cause to be purchased a suitable Ameri- 
can flag of standard bunting, not less than eight b}' twelve (8x12) 
feet in size, and they may erect and maintain or cause to be 
erected and maintained upon each public school building or the 
grounds belonging thereto, a suitable flagstaff with the necessary 
appliances for displaying said flags, and may cause said flag to 
be displayed upon said staff upon all national and state holi- 
days, the first and last days of each school term, and such other 
occasions as such school directors shall prescribe. [3 Mills 
(Rev.), 4015a.] 

Directors to purchase and display U. S. flag. 

1. The school law of Colorado authorizes school directors to pui'- 
chase and display the United States flag upon the school buildings. This 
act was approved March 26, 1891. The school directors may cause to be 
erected and maintained upon each public school building on the grounds, 
a suitable flag staff, and may cause the flag to be displayed upon aU 
national and state holidays, the first and last days of each school term, 
and such other occasions as the school directors shall prescribe. It is 
also lawful for the school directors to pay for the flag and staff from 
any special school fund. The law further says every school within this 
state may have placed and kept in a conspicuous position in each depart-, 
ment thereof, at least one American flag of standard bunting, not less 
than three by five feet in size. 

Pursuant to custom now established in several states of the union, 
the governor of this state proclaims June 14th as Flag Day, and all the 
1/ublic schools of the state are requested to observe the day in exercises 
of a patriotic character. This praiseworthy movement has been gain- 
ing ground for the past few years for establishing the custom of appro- 
priately celebi-ating this important date. 

104. Each department keep flag. 

Every school within this state may have ]>laced and kept in 
a conspicuous position in each department thereof at least one 
American flag of standard bunting, not less than three by five 
(3x5) feet in size. [3 Mills (Rev.), 4015b.] 

105. Expense of purchasing and care of flag. 

It shall be lawful for the school directors of each school dis- 
trict in this state to pay for said flags and stafl's and to provide 
for the proper care and maintenance of the same, from any 
special school funds which they may have in their hands op 

141 



§§106-107-108-109-110 FLAGS. 

which may be subject to their order, or to include the expense 
thereof in the next annual estimate for school expenses, or ir 
any tax levy for school purposes; and the expense thereof for 
any public school shall be met by said directors or other officers 
charged with the duty of raising or appropriating any money for 
school purposes as any other necessary expenses or expenditures 
for school purposes are raised. [3 Mills (Rev.), 4015c.] 

106. Applies to all institutions. 

This act shall be held to apply to all institutions directly 
or indirectly under the control of the state of Colorado or any 
of its officers, and it shall be the duty of such officer to see that 
this act is complied with. [3 Mills (Rev.), 4015d.] 

107. Injury to flag. ' 

Any person who shall wilfully injure, deface, or destroy any 
flag, flagstaff, or other materials placed in any room or build- 
ing or upon any building or school grounds for the carrying 
out of this act, shall be deemed guilty of a misdemeanor and 
punished accordingly. [3 Mills (Rev.), 4015e.] 

108. Superintendent of public instruction publish act. 

It shall be the duty of the superintendent of public instruc- 
tion to publish this act in connection with the school law of this 
state. [3 Mills (Rev.), 4015f.] 

109. Display of flag other than United States — exception. 

It shall be unlawful to display any flag upon any state, 
county or municipal buildings in this state, except the flags of 
the United States; Provided, however. That whenever any for- 
eigner shall become the guest of the United States, or of the 
state of Colorado, or of any city of this state, or upon Ihe 
occasion of the visit of any foreign minister, envoy or embassa- 
dor in his official or representative capacity, the flag of the coun- 
try of which such person shall be a citizen may be displayed upon 
such public buildings; and it shall be unlawful to display the 
flag of any anarchistic society upon any public or private build- 
ing or in any street procession or parade within the state of 
Colorado. [3 Mills (Rev.), 1968a.] 

110. Violation. 

Any violation of this act is hereby declared a misdemeanor 
and shall be punished by a fine of not less than fifty nor more 
than five hundred dollars. [3 Mills (Rev.), 1968b.] 



142 



FUNDS. 



GENERAL SCHOOL FUNDS. 
111. General school fund for building purposes — proviso. 

It shall be illegal for any school board to appropriate or 
cause to be used any money belonging to the general school fund, 
for the purpose of building, furnishing or erecting additions to 
any school house, or for the purchase or improvement of any 
school house, site or lot; Provided^ That if any portion of the 
aforesaid school fund remains to the credit of any district after 
the payment of all expenses necessary to the support of a public 
school for a period of ten months in any one year, in said district, 
it shall be lawful for the district board to use such balance for 
any of the purposes provided for in section 51 of this chapter. 
[M. A. S., 4036.] 

NOTE— Section 51 referred to in this section is section SI. 
NOTE— Public contracts, section 149. 

Legal vse of general fund. 

1. The general fund may be used only for teachers' wages, and 
necessary current expeiises, until the school has been conducted for a 
period of ten months in one year. 

2. The general fund may be used for building, furnishing or erect- 
ing additions to school houses, or for improving the school house, sites or 
lots, only after the expense of maintaining the school for a period of ten 
months in one year shall actually have been paid. 

3. It is legal to draw on the general fund to pay the janitor who 
is employed in a school. 

Illegal use of school funds. 

4. A school board can not legally loan the money of the district. 

5. The school funds can not be legally used for defraying the ex- 
penses of a singing school. 

6. Insurance premiums and attorney's fees are not expenses "in- 
cidental to the support of a public school," and therefore must not be 
paid from the general fund. 

7. A director of a school board has no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another district. Any members so misappropri- 
ating the funds of the district can be compelled by process of law to re- 
fund the money. 

8. The school board has no right to use the school funds in the 
employment of attorneys or other expenses to antagonize the action of a 
board of health. 

9. A school board can not legally contract for the work of instruct- 
ing high school pupils to be done by a private' party or corporation audi 
pay for it out of public school funds. 

143 



§112 . FUNDS. 

10. There is no provision of the school law allowing a pro rata 
share of the school fund to be used for the private teaching of one of 
the pupils within a district. 

For what purposes special funds may he used. 

11. School directors of a district of the third class may purchase 
an organ for the use of the school and pay for it out of the special fund. 
The general fund can not be used for that purpose. 

12. Bonds can not be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

13. If the artesian well is to be used for the school and is to be lo- 
cated on school land the district has the right to vote bonds for sinking 
It. 

Two schools of five months do not meet requirements. 

14. Two schools in one district, holding a five months' session each, 
do not conform to the requirements of the law as prescribed in section 
111. 

Money not turned into general fund. 

15. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district and can not be turned into 
the general school fund of the county for reapportionment. 

• NORMAL INSTITUTE FUND. 

112. Applicant for teacher's certificate pay fee. 

Each applicant for a teacher's certificate at any regular 
county examination, and each successful applicant for a renewal 
or endorsement of a certificate, or for the issue of a like grade 
certificate, shall pay for the privilege of such examination, re- 
newal, endorsement or issue of like grade certificate, a fee of 
one dollar, which shall be collected by the county superintend- 
ent of schools and forwarded, with his report of each examina- 
tion, to the superintendent of public instruction. [3 Mills (Rev.), 
4134h.] 

Fee, when not required. 

1. There is no law authorizing a county superintendent to charge 
a fee of $1.00, or any other sum, for registering a certificate issued by the 
State Normal School. 

2. Teachers' certificates issued by board of directors of first class 
districts are reported to the county superintendent, but they are not re- 
aevt^ed or endorsed. Therefore, I take it that no fee would be charged for 
the registration of said certificates. 

Fee, to whom paid. 

3. The fee paid to a county superintendent by an applicant whose 
papers are to be forwarded to another coimty may be sent direct to the 
state superintendent and not forwarded to the other county superintend- 
ent. The county superintendent of any county should send the money 
to the state superintendent for all applicants taking the examination 
under his supervision. 

4. When an examination is taken the fee should be paid to the 
county superintendent where the examination is held before the appli- 
cant is permitted to present any papers. 

144 



FUNDS. §§113-114-115 

Fee for duplicate certificate. 

5. A fee should be charged for issuing a duplicate certificate the 
same as in original issuing of certificates. 

113. Fees turned into state treasury constitute normal institute fund. 

All fees thus collected and remitted to the superintendent 
of public instruction shall be turned over to the state treasurer 
and shall constitute a state normal institute fund. [3 Mills 
(Rev.), 41341.] 

114 Apportionment of normal institute fund. 

At the time of apportioning the state school fund in July of 
each year the superintendent of public instruction shall appor- 
tion a state normal institute fund equally among the normal in- 
stitute districts of the state, and the sum accredited to each nor- 
mal institute district shall be transmitted to the custodian of the 
normal institute fund thereof in the same manner as each county's 
apportionment of the state school fund is now transmitted to 
the county treasurer; and each district's apportionment of the 
state normal institute fund shall be applied and expended in the 
same manner and for the same purposes as the fund of each nor- 
mal institute district has heretofore been applied and expended. 
[3 Mills (Rev.), 4134 j.] 

PENAL FUND. 

115. What fines paid to school fund — accounts — collector failing to pay 
— penalty — duty of superintendent. 

All fines, penalties and forfeitures provided by this act may 
be recovered by action of debt, in the name of the people of the 
state of Colorado, for the use of the proper school district or 
county, and shall, when they accrue, belong to the respective 
districts or counties in which the same may have been incurred ; 
and the county treasurers, for their counties, are hereby author- 
ized to receive and cause to be placed to the proper credit such 
forfeitures. Except as otherwise provided by law, all sums of 
money derived from fines imposed for violation of orders of in- 
junction, mandamus and other like writs, or for contempt of 
court, shall be paid into the school fund of the county wherein 
the contempt of such violation was committed ; and the clear 
proceeds of all fines collected within the several counties of the 
state for breach of the penal laws, and all funds arising from 
the sale of lost goods and estrays shall be paid over in cash by 
the person collecting the same, within twenty (20) days after the 
collection, to the county treasurer of the county in which the 
same have accrued, and shall be by him credited to the general 
»-ounty school fund. He shall indicate in such entry the source 
from which such money was derived. Any ofl3cer or person 

145 



§116 FUNDS. 

collecting or receiving any such fines, forfeitures or other moneys, 
and refusing and [or] failing to pay over the same, as re- 
quired by law, shall forfeit double the amount so withheld and 
interest thereon at the rate of five (5) per cent, per month during 
the time of so withholding the same; and it shall be a special 
duty of the county superintendent of schools to supervise and 
see that the provisions of this section are fully complied with, 
and report thereupon to the county commissioners semi-annually 
or oftener, if required by them. [M. A. S., 4034.] 

NOTE — The "Act" above referred to means original "School Act." 
NOTE'— County treasurer make report of fund, section 101. 
NOTE— Justice report fines, section 100. 

Duties of county treasurer in regard to funds. 

1. The county treasurer is responsible if moneys are turned into 
the wrong fund by him. It is his duty to place moneys collected from 
fines, forfeitures, etc., to the fund designated by law. 

2. As a rule, the moneys for schools from these sources (derived 
from fines, penalties, etc.) should be turned by the county treasurer into 
the general school fund of the county rather than into that of a par- 
ticular district; although fines assessed by justices of the peace may, in 
some cases, go to the credit of the school district in which the action 
occurred. Generally speaking, the proceeds of all fines or forfeitures 
should be placed by the county treasurer to the credit of the general 
school fund of che county, unless otherwise expressly provided by statutes. 

3. County treasurers should place the money arising from fines col- 
lected, and belonging to the school fund, in the general fund. 

Duties of county superintendent in regard to fund. 

4. More than any other person, the county superintendent is the 
one to look after that portion of the school fund arising from fines, for- 
feitures, etc. He should examine the books of the county treasurers, rec- 
ords and fee books of justices of the peace and clerks of courts, to ascer- 
tain whether or not the fines have been collected, and if collected, whether 
they have been placed to the credit of the proper fund and paid over. 

Disposition of fines. 

5. This section provides that the clear proceeds of all fines col- 
lected within the several counties of the state for breach of the penal 
laws shall be paid over in cash by the person collecting the same within 
twenty (20) days after its collection to the county treasurer, to be by 
him credited to "the general county school fund. 

6. Unless otherwise specifically provided for by law, the fines col- 
lected for breach of the game and fish laws should be placed to the 
credit of the general county school fund. 

7. All fines, penalties and forfeitures belong to the school fund, 
unless the act fixing the same, otherwise provides. 

FUNDS NOT LOANED OR INVESTED. 

116. Officer not convert or use funds. 

If any officer appointed or elected by virtue of the constitu- 
tion of this state, or any law thereof, as an officer, agent or serv- 
ant of an incorporated city, town, municipal township, school 

146 



FUNDS. §§117-118-119 

district, or county, or other subdivision of tliis state, shall con- 
vert to his own use in any way whatever, or shall use, by way 
of investment in any kind of property or merchandise, or shall 
make way with or secrete any portion of the public funds or 
moneys, or any valuable securities by him received for safe- 
keeping, disbursement, transfer, or for any other purpose, or 
which may be in his possession, or over which he may have the 
supervision, care or control, by virtue of his office, agency or 
service, or under color or pretense thereof, every such officer, 
agent or servant shall, upon conviction, be punished by imprison- 
ment not less than five (5) years. [M. A. S., 1248.] 

117. Officer not loan funds. 

No such officer, agent or servant shall loan out, with or with- 
out interest, any money or valuable security received by him, 
or which may be in his possession or keeping, or care or control, 
by virtue of his office, agency or service, or under color or pre- 
tense thereof, and any such officer, agent or servant, so loaning 
such money or valuable security, on conviction thereof, shall be 
punished by imprisonment in the penitentiary not less than one 
vear, or bv a fine not less than five hundred (|500) dollars. [M. 
A. P%, 124'9.] 

118. No benefit from deposit of funds. 

If any such officer, agent or servant shall make any con- 
tract or agreement with any person or persons, bodies or body 
corporate, or other association, by which such officer, agent or 
servant is to derive any benefit or advantage, directly or indi- 
rectly, from the deposit with such person or persons, body or 
bodies corporate, or other association, of any moneys or valuable 
securities held by such officers, agents or servants, by virtue of 
his office, agency or employment, such contract shall, as to such 
officer, agent or servant, be utterly null and void ; but the person 
or persons, body or bodies corporate, or other association, shall 
be liable to the county, city, town, township or school district 
where funds are deposited, in an action for the recovery of all 
such benefits or advantage as would, by the terms of such con- 
tracts or agreement, have accrued to such officer, agent or serv- 
ant; and payment to the officer, agent or servant shall not protect 
the person or persons, body or bodies crorporate, or other asso- 
ciation, against an action of recovery brought by the county, city, 
town, township or school district whose funds are so deposited. 
[M. A. S., 1250.] 

119. Penalty 

Any such officer, agent or servant who shall make any such 
contract or agreement as described in the last section of this act, 

147 



§119 FUNDS. 

or who shall receive any benefit or advantage, directly or indi- 
rectly, from the deposit of anj'^ money or valuable security held 
by him as such officer, agent or servant, or over which he has 
control, care or supervision, by virtue of his office, agency or 
service, shall, upon conviction thereof, be punished by imprison- 
ment in the penitentiary not less than one vear or by fine not 
less than five hundred (500) dollars. [M. A.'s., 1251.] 



148 



HIGH SCHOOLS. 



COUNTY HIGH SCHOOLS. 

120. Organization of county high schools in counties of fourth and fifth 
classes. ! 

At any general election subsequent to the passage of this 
act. the question of organizing any county of the fourth or fifth 
class as classified by law with reference to the salaries of dis- 
trict attorneys and county officers into one school district for 
high school purposes shall be submitted to the qualified electors 
of such county, provided a petition signed by fifty taxpayers resi- 
dent therein asking that the question be thus submitted, shall 
have previously been presented to the county commissioners not 
later than their regular October meeting. At which time the 
first petition presented shall be alone considered. Said petition 
shall state the maximum amount of tax to be levied for the sup- 
port of the high school which shall in no case exceed the limit 
fixed by this act. [3 Mills (Rev.), 4003 a.] 

NOTE — Union high school, section 129. 

Site. 

1. In the absence of the county high school site l)eing selected by 
the electors at a point other than at the county seat it is the duty of 
the high school committee to locate it there, the exact point at the county 
seat upon which the building is to be erected rests in the discretion of 
the board. 

Vote vpon petition to organize. 

2. The question of organizing a county high school may be voted 
upon at a general election; Provided. A petition signed by fifty taxpayers 
of the county asks that the question be thus submitted, and has been pre- 
viously presented to the county commissioners not later than their Octo- 
ber meeting. 

School district issue bonds. 

3. Having considered the relation in which the above law stands 
to the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 11 of the school act. 

Certificate necessary to teach in high school. 

4. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, a 
special certificate covering the high school branches must be obtained by 
the applicant who expects to teach in a county high school. 

•149 



§121 ' HIGH SCHOOLS. 

Vote by proxy to establish high school. 

5. When a meeting of the school directors of all the districts of 
the county is called after the proposition to establish a county high school 
has been carried in a county, it is not necessary for the entire board of 
directors from each district to appear, providing the member or members 
of the board appearing present credentials showing that they have been 
given authority by the absent member or members of the board to cast 
the votes of the absentees. 

If no member of the board appears no vote could be cast for that 
district, or, if one or two members appear without the credentials from 
the absent member or members, the member or members present would 
only be entitled to cast his or their own votes. 

County high school annulled. 

6. There is no way under the present law whereby a county high 
school once organized can be legally annulled, and no way that the elec- 
tors of any school district within the county can be exempt from taxa- 
tion for the support of any county high school. 



121. High school committee — how selected — officers. 

Whenever a majority of the votes cast on the question of 
organizing any county of the fourth or fifth class into one school 
district for high school purposes shall be in favor of such organi- 
zation, the superintendent of schools of such county shall, by 
notification through the mail and by publication where practic- 
able, call a meeting of the boards of directors of all the districts 
cf said county, which meeting shall elect by ballot from among 
the members of said boards of directors a committee of four, 
which shall be known as the high school committee; Provided, 
That no two members of any board of directors shall, at the same 
time, be members of the high school committee, except in coun- 
ties where there are fewer than four districts. The county super- 
intendent of schools shall be ex officio, a member of the high 
school committee, and secretary thereof. The committee shall 
select from its members a president, and if need be, a treasurer. 
[3 Mills (Eev.), 4003 b.] 

NOTE— Committee on high school, section 130. 

County superintendent has vote — need not give bond. 

1. The county superintendent has a vote as a member of a county 
high school committee. This also involves his voting whether there is 
or is not a tie. 

2. A county superintendent need not give bond as secretary of the 
county high school committee, since his bond as county superintendent 
covers all obligations imposed upon him as an official. 

County superintendent has no vote selecting high school committee. 

3. The law in regard to county high schools gives the county super- 
intendent no authority to vote with the directors of the county in selecting 
a high school committee, even in a case of a tie vote. But the selection 
of the member of such committee should be by a majority vote of all the 
legal votes present. 

150* 



HIGH SCHOOLS. §§122-123-124 

Principal has no authority over county schools. 

4. The principal of a county high school has authority only over 
such high school rooms, and has no control over the country schools in 
the same district. 

122. Term of office — vacancy, how filled. 

The term of office of a member of the high school committee 
shall expire simultaneously with the expiration of his term of 
office as director of the school district wherein he resides, and 
the vacancy thus created shall be filled by the boards of directors 
of the various districts of the county at a meeting held not later 
than thirty days subsequent to the occurrence of the vacancy. 
The secretary of the committee shall give each board of directors 
at least ten days' notice of the holding of such meeting. All 
vacancies caused in any other manner than by expiration of term 
of office shall be filled jjy appointment by the county superintend- 
ent of schools. [3 Mills (Kev.), 4003 c] 

Expiration of office. 

1. The tenure of office as a member of the county high school board 
expires with the expiration of the term of office of the member of the 
board in the district where he has been elected to oflSce. The fact of his 
re-election in the district would not necessarily mean the continuance of 
his office as a member of the high school board. His continuing to hold 
the position would be entirely dependent upon the fact of his being again 
selected to the joint school board after his re-election as a member of the 
district board. 

2. In case an appointment to fill a vacancy in a county high school 
committee is made, it holds only until the next election, and not until 
the appointee's term as director of the school district is concluded. 

123. Meetings of committee. ,' 

The regular meetings of the high school committee shall be 
held on the first Saturday of March, June, September and Decem- 
l)er of each year, and special meetings may be held upon call of 
the president or secretary of said committee, or upon call of any 
two members thereof. [3 Mills (Rev.), 4003d.] 

Twenty days' notice of special meeting. 

1. It will be necessary to give twenty days' notice of the special 
meeting called for the purpose of voting upon the question of supplying 
free text books for the county high school, and notices should be posted 
in the various school districts composing the county high school district 
as is required in the case of a special district meeting or election. 

124. Powers — duties — limit of tax. 

With reference to any high school organized under the pro- 
visions of this act, or heretofore organized, as a union high school 
at any county seat, under section 3997, Mills Annotated Statutes. 
The high school committee shall exercise all the powers, and per- 

151 



§124 HIGH SCHOOLS. 

form all the duties, that are, at the time of adoption of this act, 
accorded to, and required of directors of first and second-class 
districts throughout the state; Provided^ That the amount of tax 
certified to the county commissioners for the maintenance of the 
high school shall in no case exceed two mills on the dollar of the 
assessed valuation of the county. [3 Mills (Rev.), 4003 e.] 

NOTE— Section 3997 above referred to is section 129 herein. 
Law indep'endent of union high school law. 

1. The county high school law is entirely independent of the union 
high school law. The latter is in no way affected by the former. 

Powers of committee. 

2. The county high school committee may declare more than one 
voting place in the district, fix the voting places and the limits of the 
voting precincts, and appoint three judges and the necessary clerks for 
each voting place. 

3. Since the powers of directors of first and second class districts 
are given by law to the county high school committee, such committee 
has the authority to examine its high school teachers. 

4. The county high school committee would not have the authority 
to hire the county superintendent to teach in such high school, such su- 
perintendent still holding office as county superintendent, which makes 
him a member of the county high school committee. 

5. A county high school committee has not the authority to furnish 
free text books to the pupils attending the school unless a majority vote 
of the electors of the county has been cast in favor of such action. 

6. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

7. The county may be bonded for the expenses of building just as 
any school district may be bonded. 

8. It is the duty of the high school committee to certify to the 
board of county commissioners the amount of tax to be levied for county 
high school purposes, and it then becomes the duty of the county com- 
missioners to levy the tax. If the high school committee fails to per- 
form its duty it may be required to do so by mandamus. 

School district has power to issue lionds. 

9. Having considered the relation in which the above law stands to 
the school act, it appears evident that the general assembly intended to 
create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 11 of the school act. 

Principal can not he county superintendent. 

10. In the case of the principal of a county high school being elected 
county superintendent, he could not legally hold both positions. 

Union high school entitled to what funds. 

11. A union high school, under section 129 and sections 124-126, is 
entitled to both its quota from the general school fund and to the county 
tax for the support of high schools. 

152 



HIGH SCHOOLS. §§125-125 

Special certificate to teach in high schools. 

12. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, 
a special certificate covering the high school branches must be obtained 
by the applicant who expects to teach in a county high school. 

Warrants not draicn till levy made. 

13. Warrants can not be legally drawn and registered on the county 
high school fund before the levy has been made. 



125. Admission — tuition fee. 

Admission to any high school organized and maintained 
under the provisions of this act, or heretofore organized as a 
union hight school at any county seat, under section 3997 Mills' 
Annotated Statutes, shall be upon terms prescribed by the high 
school committee; but no tuition fee shall be exacted from any 
resident of the countv wherein such high school exists. [3 Mills 
.Rev.), 4003 f.] 

NOTE— Section 3997 above referred to is section 129 herein 
Holo county high school supported. 

1. Persons attending the county high school will not draw state 
and county funds from the quarterly and semi-annual apportionments as a 
separate amount for the benefit of the high school. Their names are to 
be included in the various districts where they reside, said districts draw- 
ing the per capita amount for their names. The high school is expected 
to be entirely supported by direct taxes. 



126. High scliool tax — commissioners levy — collected. 

It is hereby made the dutv^ of the county commissioners of 
any county wherein a high school is organized under the pro- 
visions of this act, or heretofore organized as a union high school 
at any county seat, under section 3997 Mills' Annotated Stat- 
utes, to levy annually at the time of levying taxes for other pur- 
poses, a high school tax on all the taxable property of the county, 
said tax not to exceed two mills on the dollar of the assessed 
valuation. The high school tax shall be collected, and shall be 
paid out by the county treasurer on warrant drawn by the secre- 
tary of the high school committee, signed by the president and 
countersigned by one other member. [3 Mills (Rev.), 4003 g.] 

NOTE— Section 3997 above referred to is section 129 herein. 
Union high school entitled to tohat funds. 

1. A union high school, under section 129 and sections 124-126, is 
entitled to both its quota from the general school fund and to the county 
tax for the support of high schools. 

Levy for Ultrary. 

2. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

153 



§127 HIGH SCHOOLS. 



Not exempt from tax. 



3. The maintenance of a district high school does not exempt from 
the tax of the county high school established at the county seat. They 
would still be liable to their portion of the tax levied for the support of 
the county high school. 



127. Increase of tax levy. 

Whenever, subsequent to the organization of a high school 
under the provisions of this act, it shall seem desirable to in- 
crease the tax levy for high school purposes, beyond the maxi- 
mum fixed by the original petition, the question of such increase 
may be submitted to the qualified electors of the county in the 
manner provided by section one of this act for the submission 
of the original question. [3 Mills (Rev.), 4003 h.] 

Tax supporting county high school. 

1. As no provision has been made by the county high school law 
to divert any portion of the general funds from the different school dis- 
tricts to the benefit of the high school, it must be assumed that the legis- 
lature intended the tax provided for in the act to meet the expenses of 
supporting the county high school. 

NOTE— The sixteenth general assembly passed the following act, but on 
account of grave doubts existing as to its constitutionality, and the further 
doubt as to whether it has repealed sections 120 and 121 of the annotated school 
laws, which it purports to amend, I have decided to Include the act as passed 
and to retain the original sections in this revision. 

An Act to Amend an act entitled "An act to provide for the es- 
tablishment and support of high schools in counties of the 
fourth and fifth classes." Approved April 8, 1899. 

Be it Enacted dy the General Assemdly of the State of Colorado: 

Section 1. That section one and two of an act entitled, "An 
act to provide for the establishment and support of High Schools 
in Counties of the fourth and fifth classes," approved April 8, 
1899, be amended so as to read as follows : 

At any general election subsequent to the passage of this act, 
the question of organizing any county of the second, third, fourth, 
or fifth class as classified by law with reference to the salaries 
of district attorneys and county officers, into one school district 
for high school purposes shall be submitted to the qualified elec- 
tors of such county, provided a petition signed by fifty tax payers 
resident therein asking that the c[uestion be thus submitted, shall 
have previously been presented to the county commissioners not 
later than their regular October meeting. At which time the 
first petition presented shall be alone considered. Said petition 
shall state the maximum amount of tax to be levied for the sup- 
port of the high school which shall in no case exceed the limit 
fixed by this act. Provided that no school district in any county 

154 



HIGH SCHOOLS. §127 

shall be taxed for the support of more than one class or kind of 
high school. 

Sec. 2. Whenever a majority of the voters cast on the ques- 
tion of organizing any county of the second, third, fourth, or fifth 
class into one school district for high school purposes shall be in 
favor of such organization, the superintendent of schools of such 
county shall be notified through the mail and by publication 
where practicable, call a meeting of the board of directors of all 
the districts of said county, which meeting shall elect by ballot 
from among the members of said boards of directors a committee 
of four which shall be known as the high school committee; pro- 
vided that no two members of any board of directors shall at 
the same time, be members of the high school committee, except 
in counties where there are fewer than four districts. The 
county superintendent of schools shall be ex-ofticio a member of 
the high school committee and secretary- thereof. The committee 
shall select from its members a president and, if need be, a 
treasurer. 

Sec. 3. On the petition of fifty legal voters of any county 
high school district organized for county high school purposes 
the school board of any such county, shall request the county 
clerk and recorder of the county, and said county clerk and re- 
corder shall thereupon give notice, by publication in a newspaper 
published in the county in which such district is situated, and 
the posting of said notice at each school house in the district, 
not less than thirty days before the special election hereinafter 
provided for to be held in the county or before any school elec- 
tion to be held throughout the county high school district that 
the question of contracting a bonded debt for the purpose of 
buying, erecting or furnishing school buildings or purchasing 
ground for a school building site, or for funding floating debts, 
will be submitted to such qualified voters of the district as have 
paid a school tax therein in the year next preceding the said 
meeting. 

Any person ofi'ering to vote may be challenged by any legally 
qualified elector of the district and any one of the judges of elec- 
tion shall thereupon administer to the person challenged, an oath 
as follows : 

''You do SAvear (or affirm) that you are a citizen of the 
United States. That you have resided in the state of Colorado 
one year immediately preceding this election. That you are 
twenty-one years of age. That you have resided in this district 
thirty days, next preceding this election, and that you have paid 
a school tax within this school district during the past year, and 
that you have not voted at this election. So help you God, (or 
under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirmation, his vote 
shall be rejected. 

155 



§128 HIGH SCHOOLS. 

The school committee of any such county high school dis- 
trict shall first agree and certify with the said request to the 
county clerk and recorder the amount of indebtedness to be 
created, if any (but in no case shall the aggregate amount of 
bonded indebtedness of any county high school district for high 
school purposes exceed two per cent, of the assessed value of the 
property of such district). At such election a separate ballot 
box for this purpose shall be provided, and all those who wish 
to vote in favor of the bonds shall have written or printed on 
their separate ballots for this purpose the words, 'Tor the high 
school bonds," and all those who wish to vote against the bonds, 
shall have Avritten or printed on their separate ballots for this 
purpose the words, ''Against the high school bonds." Said bal- 
lot box shall be kept open for this purpose during the same time 
that the ballot box is open for said special school election. That 
said ballots shall be counted and canvassed and returned by these 
several boards of election to the county clerk and recorder and 
shall be canvassed and the result of said election announced and 
recorded by said county clerk and recorder and the county super- 
intendent of schools as soon as possible after the returns have 
been received, and ifit shall appear that a majority of all the votes 
cast are for the high school bonds, the school board of any such 
high school district as soon as practicable thereafter, shall issue 
coupon bonds of the district, which shall bear the signature of 
the president and secretary of the high school board, and the 
county treasurer, and shall be registered as provided by law for 
other bonds of school districts, and shall bear the seal of the 
district. 

The interest on said bonds shall not exceed six per cent, per 
annum, payable semi-annually and redeemable at the pleasure of 
the high school board after five years, and payable fifteen years 
from date. The principal and interest payable at the office of 
the treasurer of the county in which county high school district 
may be situated, or in the city of New York, at the option of the 
holders thereof, and cancelled coupons and bonds when paid, 
shall be at the disposal of the high school board. 

Sec. 4. All the provisions of the laAvs of the state of Colo- 
rado now existing, relating to the duties of district and county 
officers in the issue and payment of district bonds and relating 
to the assessment and collection of taxes for the payment of the 
interest and principal of school district bonds shall be held to 
apply equally, and in like manner to all matters pertaining to 
the issue and payment of bonds issued under the provisions of 
this act. [L. '07, pages 565-8.] 

128. High school in district of first and second classes — organization — 
building — leasing — directing. 

The school board of districts of the first and second classes 
shall have the power to establish a separate high school when- 

156 



HIGH SCHOOLS. §129 

ever they shall deem it expedient or necessary, and shall have 
power to determine the qualifications for admission to such 
school, and shall exercise all the powers with reference to such 
high school which are accorded to them in relation to the schools 
of lower o-rade; Provided, That no school board shall build or 
lease any building especially for such high school, unless author- 
ized to do so by a vote of the district, as provided in section 
i3ixty-two (62) of this act. [M. A. S., 4016.] 

NOTE— Section 62 above referred to is section 72 herein; union liigh schools, 
section 129; high schools in counties of fourth and fifth classes. See section 120. 

District high school defined. 

1. Districts of any of the classes may establish a union high school. 
The construction of the above section Is, that the boards in first and 
second class districts may establish separate high schools. A union high 
school is the result of co-operation by two or more districts, while a sep- 
arate high school is established within and by one district. Hence, there 
is no conflict between these two sections. 

Branches in third, class district. 

2. While the law does not permit the establishment of a high school 
in an ordinary third class district, it does not prohibit the introduction of 
•certain branches that are termed high school branches. 

Tuition — when required. 

3. There is no law existing upon our statutes that allows pupils to 
attend a high school in a county regardless of the district where he lives 
without paying tuition, unless the county has been organized in a county 
high school district, or unless the district where the pupils reside forms 
part of a union high school district. 

129. Union high school — how established. 

Whenever the school boards of two (2) or more contiguous 
school districts shall each deem it advisable to establish a union 
high school, the county superintendent shall, at the request of 
two (2) of the secretaries of the boards, call a meeting of the 
boards interested by giving personal notice to each member, 
which meeting shall elect by ballot from among the members 
of said boards, if a majority of the members of each board are 
present, a committee of three (3), to be known as the high school 
committee of such union school. The county superintendent 
shall be. ex officio, an additional member of said committee, and 
shall preside at the meetings thereof. There shall be elected a 
secretary of such committee, and if need be a treasurer. In any 
case in which the county seat of any county shall be all included 
in one school district the board of such school district shall have 
the same powers of establishing and organizing a high school as 
are hereby given to the boards of two or more contiguous school 
districts, and in such case the high school committee shall be the 
board of such school district, or such three members as they may 
select. High schools formed under the provisions of this section 

157 



§130 HIGH SCHOOLS. 

shall be open to children from all districts of the county in which 
they are so formed, provided, such children are qualified, as 
hereinafter provided. [M. A. S., 3997.] 

NOTE— Union high schools in counties of fourth and fifth classes, sec- 
tion 120. 

How estahlished. 

1. Two or more school districts of any county may combine for the 
purpose of forming a high school, in accordance with the union high 
school law, still on the statutes. Such a high school is supported by its 
quota of the general state and county funds, any deficit to be made up 
from the several district funds in proportion to the number of pupils 
from each district who attend such high school during the preceding year. 

2. Districts of any of the classes may establish a union high school. 
The construction of section 128 is, that the boards in first and second 
class districts may establish separate high schools. A union high school 
is the result of co-operation by two or more districts, while a separate 
high school is established within and by one district. Hence, there is 
no conflict between these two sections. 

3. A district in one county may be attached to a union high school 
district existing in another county. 

4. The directors of a third class district have no authority to estab- 
lish a high school, unless such district embraces within itself a county 
seat. 

Entitled to fund. 

5. A union high school, under above section, and sections 5 and 7 
of the act of the general assembly, approved April 8, 1899, is entitled to 
both its quota from the general school fund and to the county tax for the 
support of high schools. 

County MgJi school laio does not repeal 

6. The law of 1900, authorizing the establishment of county high 
schools, by no means repeals the law providing for the establishment of a 
union high school by two or more contiguous districts. 

Not exempt from county high school tax. 

7. Two or more contiguous districts in a county can organize a 
union high school if so desired. In so doing, however, they would not be 
exempt from the tax for county high school established at the county seat. 
They would still be liable to their portion of the tax levied for the sup- 
port of the county high school. 

Liability for indebtedness. 

8. Any district can withdraw previous to the contracting of any 
liability; they can not withdraw after the indebtedness has been incurred, 
without remaining liable for its share of such indebtedness. 



130. High school committee — term — vacancies. 

The members of said high school committee shall hold the 
office for and during the term they are members of their respec- 
tive boards. Any vacancies in said committee, other than such as 
are caused by the expiration of the term of office, shall be filled 
by the school board of which the person so vacating was a mem- 

158 



HIGH SCHOOLS. §§131-132-133 

ber. The secretary shall be elected annually, and may receive 
such compensation as the commitee shall deem proper to allow. 
[M. A. S., 3998.] 

NOTE— Committee on high schools in counties of fourth and fifth classes, 
section 121. 

Additional oath not necessary. 

1. A high school committee in a district of the first class, in which 
the county seat is all included therein, shall consist of only three mem- 
bers, and the county superintendent shall be, ex-offlcio, an additional 
member of said committee and shall preside at its meetings. 

2. It is not necessary for the members of a high school committee 
to take an additional oath of office, the oath taken as members of the vari- 
ous school boards to which they were elected being entirely sufficient. 



131. High school committees — meetings. 

The regular meetings of the high school committee shall be 
held on the first Saturday of March, June, September and De- 
cember of each year, and special metings may be held at any 
time upon the call of the county superintendent, or of two (2) 
members of the committee. [M. A. S., .3999.] 

132. Powers of committee. 

Said committee shall exercise all the powers and perform 
all the duties, with reference to said high school, that are ac- 
corded to and required of school boards throughout the state, 
as provided in section fifty (50) of this act, and shall have power 
to establish and prescribe the qualifications and manner of ex- 
amination for admittance to the high school. [M. A. S-., 4000.] 

NOTE— Section 50 above referred to is section SI herein. 

Has right of hody corporate. 

1. A union high school district may be bonded for the purpose of 
erecting a high school building. The uniting of contiguous districts into 
one district for a special purpose gives such district, when properly organ- 
ized, the same right to act as a body corporate as other districts possess. 

Powers of board not increased. 

2. The circumstance that union high schools have been established 
does not increase the powers of boards of the third class districts in the 
matter of erecting high school buildings, but their powers of erecting such 
buildings must be derived from the electors, as in other cases. 



133. How maintained — proportion of school fund — deficit. 

After the first establishment of such a high school, it shall 
be maintained until the then next regular apportionment of the 
county school fund, as follows : Each district which shall have 

159 



§134 HIGH SCHOOLS. 

any children attending such high school shall draw from its school 
fund, and cause to be placed to the credit of [the] high school 
fund, such part of the whole expenses as shall be proportioned 
to the number of pupils attendant at such high school from such 
district, provided, it is with the approval of the directors of said 
district. After the first year, or part of a year, so as above pro- 
vided for, the said high school shall, so far as practicable, be 
rated as a separate district. It shall be entitled to draw from 
the general, state and county funds its quota for attendance, as 
provided by section seventy-two of this act, and the deficit shall 
be made up from the several district funds in proportion to [the] 
number of pupils from each district who attended said high 
school during the then past year. [M. A, S., 4001.] 

NOTE— Section 72 referred to in this section is section 58. 
Ap2)ortionmenf of school fund. 

1. A district can legally pay over to a high school as to tuition 
that part of its apportionment of the general fund accredited to said dis- 
trict on account of such of its pupils as may be attending said high school. 

2. The amount of the general fund apportioned to a pupil attending 
a union (not county) high school should be credited to such high school 
and not to the district in which he resides. 

Maintenance of district high school, does not exempt county high school 

from tax. 

3. The maintenance of a district high school does not exempt from 
the tax of the county high school established at the county seat. They 
would still be liable to their portion of the tax levied for the support of 
the county high school. 

Tuition not paid from district funds. 

4. The laws do not provide for the payment of tuition in high 
school for pupils above the eighth grade from the public funds of the 
school district. 

134. Forty weeks annually — who may be admitted. 

The high school may be maintained during forty (40) weeks 
in each year, and shall be free to all children in the county who 
are qualified for admission, according to the requirements pre- 
scribed by the committee, and all children in the county who 
are so qualified, and who can pass the examination prescribed 
by the committee shall be entitled as of right to attend said high 
school. [M. A. S., 4002'.] 

Pupils not drmc money for common and high school. 

1. A pupil can not be listed as a union high school pupil and also as 
a pupil of the district in which he resides and draw general school money 
for both common and union high schools. 

When tuition is required. 

2. There is no law existing upon our statutes that allows pupils to 
attend a high school in v county regardless of the district where he lives 

160 



HIGH SCHOOLS. §§135-136-137-138 

without paying tuition, unless the county has been organized in a county 
high school district, or unless the district where the pupils reside forms 
part of a union high school district. 

135. Every district contributing have voice in election. 

p]very district in the county which contributes to the sup- 
port and patronage of said high school shall, b}' its board of di- 
rectors, be entitled to a A-oice in the election of members of the 
committee. [M. A. S., 4003.] 

UNION HIGH SCHOOLS IN COUNTIES OF FOURTH AND 
FIFTH CLASSES. 

136. Organization. 

In all counties of the fourth and fifth classes, all school dis- 
tricts lying adjacent to an incorporated town or citj' may be or- 
ganized into a union high school district. [8 Mills (Rev.), 40031.] 

How organized. 

1. The school districts that may be organized into a new union 
high school district, with an incorporated town or city as a center, must 
all lie in one county; but when a union high school district already ex- 
ists, a school district in another county may be attached to it by vote of 
the electors. 

2. Districts of any other classes may establish a union high school. 
The construction of section 12S is that the boards in first and second 
class districts may establish separate high schools. A union high school 
is a result of co-operation by two or more districts, while a separate high 
school is established within and Ijy one district. Hence, there is no con- 
flict between these two sections. 

137. How supported — annual levy — building. 

The county commissioners of each of said counties are re- 
quired to levy a tax of not less than one or more than three mills 
upon all taxable property in such high school districts when the 
same shall have been organized, for the support of such school. 
Such levy shall be made annually after the organization of the 
said district shall have been made, at the same time that other 
taxes are levied. 

It shall be the duty of the school district in which such 
school or incorporated town is incorporated to provide, at its 
own expense, a suitable building for the use of such union high 
school. [3 Mills (Rev.), 4003j.] 

138. Addition — outlying district. 

Any outlying school district not contiguous to such city or 
incorporated town may, by a majority vote of the duly qualified 
electors of such district, be added to any such union high school 
district within the county; and where it is more convenient for 

6 

161 



§§139-140-141 HIGH SCHOOLS. 

the pupil of any school district to attend school in a union high 
school of another county, such district may be attached, by such 
vote, to the union high school district of an adjacent county. 
[3 Mills (Rev.), 40()3k.] 

139. No conflict. 

The organization of these union high school districts shall 
not affect the organization nor the lew of the regularly organ- 
ized districts. [3 Mills (Rev.), 4003.] 

140. School board — how constituted — election. 

The county superintendent shall, on or before the first day 
of May, 1903, appoint one member from each of the adjoining or 
outlying districts composing such union high school districts 
who shall, together with the members of the regularly organized 
district in which the building is located, constitute the school 
board of such union high school district. Each following year 
the members of the school board shall be elected at the regular 
annual meeting of the several districts. [3 Mills (Rev.), 4003m.] 

Committee. 

1. The county superintendent is not a member of a union high 
school committee in a county of the fourth or fifth class, but the board 
is composed of one member from each of the outlying districts and the 
members of the regularly organized district in which the building is 
located. 

2. The members of the union high school board should give bonds 
and take the oath of office the same as the members of any other board. 

3. After the election of the union high school committee the mem- 
bers should meet, organize and elect officers the same as in the first 
class districts. 

141. Qualifications to enter — course of study. 

The qualifications necessary to enter such union high 
school shall be a diploma from the county superintendent upon 
completion of the eighth grade work, or a certificate issued upon 
grades in lieu of the eighth grade work. The county superin- 
tendents of the several counties shall, at their first annual state 
meeting, appoint a committee of five, who shall formulate a 
course of study for such union high schools, such course to be 
uniform in all the grades. [3 Mills (Rev.), 4003n.] 



162 



HOLIDAYS AND SCHOOL YEAR. 



142. School year — month — week — day — national holidays. 

The school year shall begin on the first day of July and end 
on the thirtieth day of June. A school month shall be four 
weeks, a school week fiA'e days, and a school day shall not ex- 
ceed six hours, excluding the time of intermission at noon. The 
term "national holiday," in this chapter, shall be construed to 
mean Thanksgiving day, Christmas day. New Year's day, Wash- 
ington's birthday. Decoration dav. Labor day and the fourth day 
of July. [M. A.* S., 4044.] 

NOTE— In addition to the above, .1 Mills (Rev.), 1625ql, designates election 
day in November as a legal holiday; 3 Mills (Rev.), 2127, designates Lincoln's 
Birthday as a holiday, and Flag Day, as designated by the governor, is also 
usually observed as a holiday. See, also, following section for Arbor Day. 

What constitutes a legal holiday. 

1. A legal holiday falling uiion Bunclay, it is customary to observe 
Monday. 

2. The twenty days of a school month include such holidays as may 
occur on school days within that month. 

3. The time between Christmas and New Year's may be given to 
the teacher if the school board chooses to do so, but it does not legally 
belong to him. 

4. A school board has the right to determine the time and duration 
of vacations. 

5. Labor Day, being a legal holiday in Colorado, one is not re- 
quired to teach a day during the month of September to make up for the 
school day lost. 

6. When school opens on the Tuesday following Labor Day, Labor 
Day is counted as a holiday, and is not required to be made up by 
teacher. 

7. Lincoln's Birthday is considered a legal holiday. When a holi- 
day occurs on Sunday it is customary to observe the following Monday. 
The school board has the right to determine the time and duration of 
vacations and they do not legally belong to the teacher. Vacations are 
deducted or made up, if there is no contract to the contrary. 

8. Established custom provides for the observance of Washington's 
and Lincoln's birthdays in the public schools by having a patriotic pro- 
gram the day previous to the holiday, and it is so understood and so 
observed. 

Teacher entitled to salary for legal holidays. 

9. A teacher is not obliged to make up legal holidays which occur 
on school days during the term of school for which she is employed, and 
she receives her salary for such days just as if school had been held. 

10. A teacher is entitled to have as holidays the days designated 
as such by the laws of Colorado, and is entitled to receive her pay for 
the same when occurring on school days during her term of school. 

163 



§143 HOLIDAYS AND SCHOOL YEAR. 

11. A school board has no right to deduct from a teacher's salary 
for legal holidays occurring on school days during the school term. 

12. Teachers of the public schools are to be paid for the term for 
which they are employed, without regard to the intervention of holidays. 

13. If a teacher is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed by the month, and paid a fixed 
sum per month, vacations are deducted, if there is no contract to the 
contrary. A teacher could just as lawfully claim pay for the long sum- 
mer vacation as for the customary holiday vacation. 

14. In the absence of an express provision in a teacher's contract 
excluding holidays, the teacher is entitled to pay for all holidays coming 
within the school week included in the period of employment. 

15. If, with the consent of the directors, a teacher holds school on 
a legal holiday to make up for a day lost, the teacher is entitled to pay 
for the full month. 

16. To be entitled to his salary for the day, the teacher should 
remain in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in at- 
tendance. 

17. A teacher is entitled to pay for New Year's Day, which comes 
on Monday of the first school week after vacation unless otherwise spe- 
cially provided in the contract of employment. If the entire week had 
been made a vacation, then the teacher would be entitled to no compen- 
sation for such holiday. 

Year. 

18. The term "year," used in the act entitled, "An act to secure to 
children the benefit of ah elementary education," is defined to mean the 
school year. And the term, "A court of competent Jurisdiction," used in 
the same act, is defined to mean a justice, a county or a district court. 

19. The fiscal year, with reference to which all taxes are levied, 
and all revenue matters are provided for, begins with December 1st and 
ends November 30th, while the school year as relating to the making of re- 
ports, election of officers and term in which the necessary months of 
school must be held, is between July 1st and June 30th. 

Time to hold organization. 

20. The three months' school required by law to hold the organiza- 
tion of a district and secure an apportionment should be held between 
July 1st and June 30th. 

21. The law requires that school shall be taught five days in the 
week. There is no provision which would make it illegal to hold school 
on Saturday. 

Hour's intermission. 

22. The teacher has a right to her hour's intermission at noon, 
providing she teaches the requisite six hours through the day. She is 
required to teach school from 9 a. m. to 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

ARBOR DAY. 

143. Arbor day — third Friday in April — how to be observed. 

The third Friday in April of each year shall be set apart 
and known as "Arbor Day," to be observed by the people of 
this state in the planting of forest trees for the benefit and 

164 



HOLIDAYS AND SCHOOL YEAR. §§144-145-145a 

adornment of public and private grounds, places and ways, and 
in such other efforts and undertakings as shall be in harmony 
with the general character of the day so established; Provided, 
That the actual planting of trees may be done on the day desig- 
nated, or at such other most convenient time as may best con- 
form to local climatic conditions, such other time to be desig 
nated and due notice thereof given by the several county super- 
intendents of schools for their respective counties. [M. A. S., 
2129.1 



144. Holiday in sciiools — how observed. 

The day, as above designated, shall be a holiday in all pub 
lie schools of the state, and school officers and teachers are re- 
quired to have the schools under their respective charge observe 
the day bv planting of trees or other appropriate exercises. 
[M. A. S.,"^2130.] 

Legal holiday. 

1. Arbor Day is a legal holiday and expressly stated as such by the 
laws of this state. However, it is not a holiday in the sense that the 
schools may be closed upon that day, since certain observances are re- 
quired on the part of the schools. 

2. It is not lawful to dismiss school on Arbor Daj', since, while it is 
a holiday, the law plainly declares that the day shall be properly kept by 
appropriate exercises, tree planting, etc. 



145. Governor issue proclamation — superintendent of public instruction 
— county superintendents — report. 

Annually, at the proper season, the governor shall issue a 
proclamation, calling the attention of the people to the provi- 
sions of this act and recommending- and enjoining its due observ 
ance. The superintendent of public instruction and the respect- 
ive county superintendents of schools, shall also promote, by all 
proper means, the observance of the day, and the said county 
superintendents of schools shall make annual reports to the state 
forest commissioner of the action taken in this behalf in their 
respective counties. [M. A. S., 2131.] 

COLORADO DAY. 

145a. Colorado day — first day in August — commemoration of admission 
of State — public holiday. 

That the first day of August of the year 1907, and the first 
day of August of each and every year hereafter is hereby made 
a public holiday to be known as "Colorado Day," and such day 
is hereby set apart for a proper celebration by our people in 
commemoration of the admission of the State of Colorado into 
the Union. . [L. '07, p. 421.] 

165 



§§145b-145c HOLIDAYS AND SCHOOL YEAR. 

145b. When first day falls on Sunday — Monday following to be cele- 
brated. 

That whenever the first day of August falls upou Bundav the 
following Monday is hereby designated as the day for celebrating 
such event. 

Provided, That this act shall not be construed to affect the 
making or execution of agreements or instruments in writing, 
or to interfere with judicial proceedings. [L. '07, p. 421.] 

COLUMBUS DAY. 

145c. Columbus day — twelfth day of October — legal holiday. 

The 12th day of October of the present year of our Lord, 
1907, and the 12th day of October of each year thereafter is 
hereby declared a public holiday, to be known as ''Columbus 
Day," and the same shall be recognized, classed and treated as 
other legal holidays under the laws of this state ; Provided, That 
this act shall not be construed to affect commercial paper, the 
jnaking or execution of agreements or instruments in writing, or 
interfere with judicial proceedings. [L. '07, p. 422.] 



166 



INTEREST. 



146. Rate of interest on orders and warrants 

County orders and warrants, town and city and school or- 
ders and warrants and other like evidences or certificates of 
municipal indebtedness shall bear interest at the rate of six per 
centum per annum from the date of presentation thereof for 
payment at the treasury where the same may be payable, until 
there is money in the treasury for the payment thereof, except 
when otherwise specially provided by law, and every county 
treasurer, town treasurer and city treasurer to whom au}^ such 
county, town, city or school order or warrant is presented for 
payment, and who shall not have on hand the funds to pay the 
same, shall endorse thereon the rate of interest said order or 
warrant will draw, and the date of such presentation, and sub- 
scribe such endorsement with his official signature; Provided, 
That all such orders and warrants may be made to bear a lower 
rate of interest than above specified, by special agreement be- 
tween such counties, towns and cities issuing the same, and the 
person to whom such orders or warrants are issued. [8 Mills 
<Kev.), 2254.] 



t67 



KINDERGARTENS. 



147. Free kindergartens may be established — cost. 

The school board of any school district in the state shall 
have power to establish and maintain free kindergartens in con- 
nection with the public schools of said district, for the instruc- 
tion of children between three and six years of age, residing in 
said district, and shall establish such courses of training, study 
and discipline, and such rules and regulations governing such 
preparatory or kindergarten schools as said board may deem 
best; Provided, That nothing in this act shall be construed to 
change the law^ relating to the taking of the census of the school 
population, or the apportionment of state and county school 
funds among the several counties and districts in this state; 
Provided, further, That the cost of establishing and maintaining 
such kindergartens shall be paid from the special school fund 
of said districts, and the said kindergartens shall be a part of 
the public school system and governed as far as practicable in 
the same manner and by the same officers as is now, or here- 
after may be, provided by law for the government of the other 
public schools of the state; Provided, furtJier, That teachers of 
kindergarten schools shall have a diploma from some reputable 
kindergarten teachers' institute, or pass such examination on 
kindergarten work as the kindergarten department of the state 
normal school may direct. [3 Mills (Rev.), 4015g.] 

Certificates. 

1. Under the act of 1893 a Colorado school board may lawfully em- 
ploy a kindergarten teacher having a diploma from some reputable kin- 
dergarten teachers' institute outside of the state of Colorado, and it is 
not necessary that such teacher shall first pass an examination directed 
by the kindergarten department of the state normal school. 

2. It is illegal to pay from the public fund a kindergarten assistant 
who holds no teacher's or kindergartner's certificate. 

3. A district of the first class has no authority to issue kinder- 
garten certificates. 

4. It would not be legal for a district of the first class to employ 
a teacher for kindergarten work if the board's certificate is the only 
credential that she holds in connection with such work. 

5. It would be unlawful to pay from the public fund a kindergarten 
teacher who holds no kindergartner's certificate. 

6. The examination for state kindergarten certificate occurs on the 
third Thursday, Friday and Saturday in August at the office of the su- 
perintendent of public instruction. A certificate obtained at the state 
kindergarten examination is good for life, unless revoked by the state 
board of education. 

168 



NORMAL INSTITUTES. 



148. Normal institutes — time and place — how determined. 

For the piii-pose of organizino and mamtaiuing teachers' 
normal institutes, the state shall be divided into the following 
institute districts, vi/.: The counties of Sedgwick, Phillips, 
Logan, Yuma, Washington and Morgan to constitute normal 
district No. one (1). The counties of Weld, Larimer and Boulder 
to constitute normal district No. two (2). The county of Arapa- 
hoe to constitute normal district No. three (3). The coun- 
ties of Gilpin, Clear Creek and Jefferson to constitute normal 
district No. four (4). The counties of Douglas, Elbert and El 
Paso to constitute normal district No. five (5). The counties of 
Jvit Carson, Lincoln and Cheyenne to constitute normal district 
No. six (6). The counties of Fremont, Custer and Pueblo to 
constitute normal district No. seven .(7). The counties of Kiowa, 
Otero, Bent, Prowers and Baca to constitute normal district No. 
eight (8). The counties of lluerfano and Las Animas to consti- 
tute normal district No. nine (9). The counties of Saguache, 
Costilla, Conejos and Kio Grande to constitute normal district 
No. ten (10). The counties of La Plata, Montezuma, Archuleta, 
Dolores and San Juan to constitute normal district No. eleven 
(11). The counties of San Miguel, Ouray, Hinsdale, Mesa, Delta, 
Montrose and Gunnison to constitute normal district No. 
twelve (12). The counties of Chaffee, Lake, Park, Pitkin, Eagle, 
Summit, Garfield, Routt, Rio Blanco and Grand to constitute 
normal district No. thirteen (13). Provided, That new counties 
formed within the limits of any institute district shall be a part 
of said district. A normal institute for the instruction of teach- 
ers and those desiring to teach may be held annually for a term 
of not less than two weeks in each normal district of the state. 
The county superintendents of each institute district shall an- 
nually select not more than three of their number as an execu- 
tive committee, w^ho, with the advice and consent of the super- 
intendent of public instruction and the president of the state 
normal school, shall determine the time and place of holding 
such normal institute, and shall select a conductor and instruc- 
tor for the same. To defray the expense of said institute the 
executive committee shall require the payment of one dollar 
registration fee for each person attending the normal institute, 
and each county superintendent is hereby authorized to add 
five per cent, to the average standing in examination of 
teachers who shall attend the normal institute from his county. 
AVheu a normal institute of not less than two weeks is held in 

169 



§148 NORMAL INSTITUTES. 

any institute district of the state the executive committee in 
charge shall certify to the boards of county commissioners of the 
several counties within the district the number and names of the 
persons attending said institute from their respective counties, 
and it shall be the duty of the board of county commissioners of 
the county where such persons belong to appropriate the sum of 
two dollars for each person so certified. The funds arising from 
registration fees and appropriations of county commissioners 
shall be designated the ^'Normal institute fund," and some county 
treasurer, whom a majority of the county superintendents of the 
district shall designate, shall be the custodian of said fund. The 
executive committee shall, at the close of each institute, transmit 
to said custodian all funds received by it, as provided in this sec- 
tion, together with the name of each person paying a registration 
fee. The executive committee shall also report to the several 
boards of county commissioners in the district, the name and ad- 
dress of the custodian of the "Normal institute fund." On the 
receipt of such notice the several boards of county commissioners 
shall issue warrants for the appropriations provided in this sec- 
tion, payable to said custodian. It shall be the duty of the su- 
perintendent of public instruction, annually, when the executive 
committee of any normal institute district shall certify that not 
less than twenty persons have paid the registration fee, and 
have received instructions during the session of the institute, to 
certify the same to the auditor of state, who shall forward to 
the custodian of the ''normal institute fund" of such district a 
warrant on the state treasurer for the sum of fifty dollars, to 
be paid out of any money appropriated for that purpose. All 
disbursements of the ''normal institute fund" shall be upon the 
order of the executive committee, and no order shall be drawn 
on said fund except for claims approved by said committee for 
services rendered and expenses incurred in connection Avith the 
normal institute. It shall be unlawful to pay any one from the 
institute fund for services as conductor or instructor for such 
institute, who does not hold a certificate or qualification for such 
work, issued by the state board of education, upon the recom- 
mendation of the state board of examiners; Provided, That a 
member of the state normal school faculty shall be ew opcio a 
conductor of normal institutes. [3 Mills (Rev.), 4048.] 

NOTE— Mineral county made a part of normal institute district No. 10. 
(L. '97, page 180, section 1.) 

NOTE— Teller county made a part of the fifth normal institute district. 
(L. '99, page 365, section 13.) 

NOTE— Arapahoe and Adams, with the city and county of Denver, consti- 
tute normal institute district No. 3. [L. '01, page 137, section 13; L. '03, page 169, 
section 14.] 

Five per cent, credit for attendance. 

1. The five per cent, credit for attending normal institute may be 
given at any examination during the year immediately following such 
attendance. 

170 



NORMAL INSTITUTES. §148 

2. A county superintendent is under no obligation to add five per 
cent, to the standing of applicants for teachers' certificates who attend 
the normal institute from a county other than his own. 

3. The five per cent, of general average may be added to the general 
average obtained in a teacher's examination for institute attendance in 
another normal district if the county superintendent issuing the certifi- 
cate desires to do so. 

4. It is not intended by law that the five per cent, for attendance 
at normal .institute shall be added in any county unless the applicant has 
attended a noi-mal institute in this state during the whole time it is in 
session. 

5. In giving a person attending a normal institute five per cent, 
upon the average obtained in a teachers' examination, the five per cent, 
so added should be computed upon the general average obtained, and not 
be given as straight five per cent. 

6. The credits which county superintendents are instructed to give 
to applicants for certificates by reason of attendance at the normal insti- 
tutes should be given to those persons only who have attended an institute 
in Colorado. 

7. The five per cent, credit may be given at any examination dur- 
ing the year immediately following the normal institute, and the county 
superintendent may use his discretion at which examination this is to 
be given; Provided. That it is only to be given at one examination. 

Session. 

8. Two weeks' session of the normal institute must be held. If the 
session is shorter, the county commissioners are under no obligation to 
pay for teachers attending from their countj'. 

Teacher not paid for attendance. 

9. Where a county superintendent calls a county institute or teach- 
ers' association, he has not the right to rule that the district must pay 
the teacher for the same, as if she had taught school, although the school 
board would have the right to give the teacher such a day and pay her 
for it upon the request of the county superintendent. The right in the 
matter rests with the district board. 

Pay for services as conductor. 

10. It shall be unlawful to pay any one from the institute fund for 
services as conductor or instructor of such institute, who does not hold 
a certificate or qualification for such work, issued by the state board of 
education upon the recommendation of the state board of examiners; 
Provided. That a member of the state normal school faculty shall be ex 
officio a conductor of normal institutes. 

Time and place of normal — hoic determined. 

11. The executive committee from each normal institute district 
with the advice and consent of the state superintendent of public in- 
struction, and the president of the state normal school, shall determine 
the time and place of holding such normal institute, and select a con- 
ductor and instructor for the same. 

Certificate not endorsed. 

12. A normal institute certificate need not be endorsed. The cer- 
tificate is good until revoked by the state board of education, or until the 
expiration of the time specified on the face of the certificate. 

171 



§148 NORMAL INSTITUTES. 

Fee. 

13. The law requiring a dollar fee for a teacher upon taking the 
examination, in no way does away with the requirement of the attend- 
ance fee for attending a normal institute. 

Meeting of committee — hy whom, called. 

14. If the president of an institute executive committee fails to call 
a meeting of the committee it would be proper for the other two members 
to call a meeting, giving the president notification of such meeting; and 
at such meeting it would be proper to transact the necessary business to 
establish and maintain a successful institute. 

Attendance of county superintendent at district normal not compulsory. 

15. There is nothing in this act imposing a duty upon county su- 
perintendent to attend a district normal, and a county superintendent 
who does so is not entitled either to mileage or a per diem compensation, 
though he is a member of the executive committee of the normal district. 



172 



PUBLIC CONTRACTS. 



149. Officer not interested in contract. 

Whenever any officer of this state or of any county, city^ 
town or school district therein, shall be charged with the duty 
of making any contract for or on behalf of this state, or of any 
county, city, town or school district therein shall be obliged to 
pay any sum of money to any person whomsoever, and whenever 
any such officer, as a member of am' board of auditors, commis- 
sioners or directors, or otherwise, shall have any vote or voice 
in awarding any such contract, it shall not be lawful for any 
such officer to become in any manner bound for the fulfillment 
of such contract, or to take or receive any part or portion of 
the money specified in such contract, or to be in any way, man- 
ner or degree, interested in such contract, excepting in his official! 
representative capacity. [M. A. S., 3533.] 

Director not make contract with board. 

1. Any member of a board of directors who shall have any voice 
or vote in av/arding a contract can not lawfully enter into any part in 
the fulfilling of said contract; nor can he take or receive any part or 
portion of the money specified in said contract, or be in any way, manner 
or degree interested in said contract, except in his official representative 
capacity. Any elector of the district or the county superintendent can 
take steps to prevent a member of the board from acting in violation of 
this law. 

2. A school director can not legally become a teacher in the dis- 
trict in which he holds that office. 

3. A school director has no right to cause his district to be in any 
way indebted to him unless such director happens to be secretary of the 
district and compensation has been allowed, in which case he makes out 
a warrant to himself, and that warrant is signed by the treasurer. 

4. Contracts made by a school district with a school director ia 
violation of the law relative to public contracts are void. 

School board let contract to husband of director. 

5. A school board can legally let a contract to a man whose wife is 
a member of the school board, as the fact that the wife is a member and 
is, therefore, excluded from being a party to a contract with the district 
would in no way affect the husband, who is not a member of the school 
board. 



150. Penalty. 

Whosoever shall offend against the provisions of this act 
shall be imprisoned not exceeding six months, and fined not ex- 
ceeding $2,000, and shall be removed from office. [M. A. S., 3534.] 

173 



§151 PUBLIC CONTRACTS. 

151. Officers dealing in warrants. 

It shall be unlawful for any county, city, town or school 
district officer in this state to buy, purchase, trade in or acquire, 
either directly or indirectly, any county, city, town or school 
district warrant or any other evidences of county, city, town 
or school district indebtedness of the county of which he is 
such officer at the time. Any violation of the provisions of this 
act shall be adjudged a misdemeanor and punished in the dis- 
cretion of the court by a fine and not exceeding five hundred 
dollars ($500), or imprisonment in the county jail for a period 
of not more than thirty (30) days. [3 Mills (Rev.), 1358a.] 



174 



PUBLIC SCHOOLS. 



152. Public school defined. 

A public school is hereby defined to be a school that derives 
its support entirely, or in part, from money raised by a general 
state, county or district tax. [M. A. S., 4041.] 

What constitutes a 'public scJiool. 

1. The departments of a school can not be legally considered as 
separate schools. , 

2. Where a school Is conducted as a public school, even though it 
is supported by other than public school money, it will be proper to in- 
clude that part of the term coming after the five months provided for by 
the school fund, as if it were also supported by the public school fund, 
and the teacher should make her report for the whole time during which 
the school was held. 

3. If the excra two months of school which are partially paid for 
by donations from the citizens are held in the school house and the 
school is conducted as a public school, the additional months should be 
counted as a part of the term of school for the year. 

4. If a school teacher is engaged to teach a school in a district 
and is paid even in part from the public school fund, the school is a pub 
lie school, open to all children eligible to attend school in the district, 
and such a school must be controlled as any other public school is, even 
if supported in part by private subscription. 

Summer school. 

5. While a school board would, if they felt so disposed, have a 
right to establish a summer school, they would not have the right to 
limit the attendance to those pupils recommended by the teachers, and 
some others, and require those who desire to attend the school without 
the recommendation to pay their own tuition. It would, however, be legal 
to establish such a school for certain grades, limiting the attendance to 
the specified grades. 



153. Schools taught in English language — hygiene — Spanish — German — 
humane treatment to animals. 

The public schools of this state shall be taught in the Eng- 
lish language, and the school boards shall provide to have taught 
in such schools the branches specified in section fifteen of said 
chapter; and such other branches of learning in other languages 
as they may deem expedient, including hygiene, with special ref- 
erence to the effects of alcoholic stimulants and narcotics upon 
the human body, and shall cause to be given in each school week 
two lessons of not less than ten minutes duration each on the 
subject of humane treatment to animals; and whenever the par 
ents or guardians of twenty or more children of school age shall 
so demand, the board of such school district may procure efficient 

175 



§154 PUBLIC SCHOOLS. 

instructors and introduce the German and Spanish languages, 
or either of them, and gymnastics, as a branch of study into 
such school; and said district board may, upon like demand of 
the parents and guardians of children of school age, procure 
efficient instructors to teach the branches specified in said sec- 
tion fifteen, in the German and Spanish languages, or in either 
of said languages, as said board may direct. [3 Mills (Rev.), 
4043.] 

NOTE — Section 15 above referred to is section 99 herein. 
German — ivlien taught. 

1. The school board has no right to introduce German without a 
petition from the parents or guardians of twenty or more children of 
school age. ' 

2. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

Certificates for special teachers. 

3. School boards have authority to employ special teachers for 
special branches, but such teachers must have valid certificates in order 
to entitle them to be paid from the school funds, even though such teach- 
ing is done outside of regular school hours. 



154. Schools open, to whom. 

Every public school, except high schools, shall be open for 
the admission of all children between the ages of six (6) and 
twenty-one (21) years residing in that school district during at 
least four school months in each year, and the school board shall 
have power to admit adults, and children not residing in the dis- 
trict, if they see fit so to do, and to fix the terms of such admis- 
sion. [M. A. S., 4042.] 

Who entitled to privileges. 

1. All persons between the ages of six and twenty-one are entitled 
to all the privileges of the public schools. 

2. Children six years of age are entitled to school privileges, and 
it is the duty of the board of directors to provide adequate accommoda- 
tions for them. 

3. A school board has the right to make a rule that children who 
become six years of age during the school year shall enter school only 
at certain times — say at the beginning of the fall, winter or spring term. 
It is not proper to admit a child who is under six years of age. 

4. In the case of a child under school age the parent would have 
no -legal right to send such a child to school, no matter how well ad- 
vanced or capable the child might be. The board would have the right 
to exclude the child from school even though he obey the teacher and 
.does the work well. 

176 



PUBLIC SCHOOLS. §154 

Mainiain organization. 

b. Four months of school in each school year are necessary in order 
that a district may hold its organization. (See sections 89 and 155.) 
Three nionths of school are necessary to entitle a district to its share of 
the public funds. This practically makes four months of school necessary 
in each district. 

6. A school district in order to maintain its organization must, 
among other requirements, maintain at least four months' school each 
school year. 

7. The four months referred to in above section is the time neces- 
sary to comply with the requirements for holding the organization of a 
district. A three months' term is necessary to entitle the district to re- 
ceive its share of the general school fund. 

Directors' power. 

8. A school director can not legally become a teacher in the dis- 
trict in which he holds that office. See section 2606, General Statutes 
of Colorado, 1883, page 82. 

9. The power to employ or discharge teachers I'ests solely with the 
school board, and not with the county superintendent or directly with 
the electors of the district. This applies also to vacancies that may oc- 
cur by reason of sickness or any other cause. 

10. A school board has no authority to employ an interpreter in 
Mexican districts to help out a teacher who does not understand the Span- 
ish language. 

Vaccination authorized by county board of health. 

11. If the school board has demanded that the pupils of a school 
be vaccinated, its action being authorized or required by the county 
board of health, pupils should comply with the requirements made. The 
county board of health is expected to act in accordance with the rules 
and regulations of the State Board of Health, and also to see that all 
necessary precautions are taken in the schools of their counties to guard 
against contagious diseases. 

Electors vote to erect teacher's residence. 

12. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

Term lengthened by private subscription. 

13. If the term of a public school be lengthened by private sub- 
scription, the time of such lengthening may be counted toward providing 
for the length of term required by law. 

By private subscription. 

14. If a school teacher is engaged to teach a school in a district 
and is paid even in part from the public school fund, the school is a pub- 
lic school, open to all children eligible to attend school in the district, 
and such a school must be controlled as any other public school is, even 
if supported in part by private subscription. 

15. While a school board would, if they felt so disposed, have a 
right to establish a summer school, they would not have the right to 
limit the attendance to those pupils recommended by the teachers, and 

177 



§155 PUBLIC SCHOOLS. 

some others, and require those who desire to attend the school without 
the recommendation to pay their own tuition. It would, however, be legal 
to establish such a school for certain grades, limiting the attendance to 
the specified grades. 

Building — where situated. 

16. School must be held in a building situated within the bounda- 
ries of the district. 

155. Failure to maintain school for three months. 

Any school district failing to maintain a public school at 
least three months of any school year, shall not be entitled to 
receive any portion of the school fund for that year. [M. A. S., 

4040.] 

Maintain organization entitle to fund. 

1. The three months' school required by law to hold the oi'ganiza- 
tion of a district and secure an apportionment should be held between 
July 1st and June 30th. 

2. A district which holds no school, but whose pupils by authority 
of the school board attend school in another district, the school board 
paying tuition to such other district, does not comply with such require- 
ment and is not entitled to its pro rata share of the general school fund. 

3. Four months of school in each school year are necessary in order 
that a district may hold its organization. (See sections 89 and 154.) 
Three months of school are necessary to entitle a district to its share of 
the public funds. This practically makes four months of school necessary 
in each district. 

4. No school, except one duly organized according to law, is en- 
titled to recognition as a public school, either in the distribution of funds 
or in any other official way. 

5 If the term of a public school be lengthened by private subscrip- 
tion, the time of such lengthening may be counted toward providing for 
the length of term required by law. 

Held — -where. 

6. School must be held in a building situated within the boundaries 
of the district. 



178 



SCHOOL CENSUS. 



156. Census — school age. 

A school census is hereby defined to be a census embracing 
all persons between the ages of six and twenty-one years. School 
age is hereby defined to be any age over six and under twenty- 
one years. [M. A, S,, 4045.] 

NOTE— County superintendent examines census, section 56. 
Who included in census. 

1. If territory is added to a district after the annual census of that 
district has been taken, the names of persons of school age residing in 
the annexed territory should be added to the census list and the district 
given its i>er capita for such additional names. 

2. Deaf mutes and blind persons between the ages of six and twenty- 
one should be included in the school census. 

3. The names of all persons of school age must be included in the 
census. The law makes no exception in regard to married persons. 

4. In determining the residence for the purpose of taking school 
census, it matters not where the unmarried person of school age may 
be whose parent or guardian lives in the state, the residence of such 
person is fixed by the tona fide residence of the parent or guardian, and 
this must be determined by the census enumerator. 

5. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

If renters rent by the month, leaving when school is out, and hav- 
ing a fixed home elsewhere, the children should be enrolled in the dis- 
trict v/here the fixed home is located. 

If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the dis- 
trict where they rent. 

If the mother votes in a certain district, living there with the chil- 
dren, that would be her residence and the children should be enrolled 
in such district. 

6. A non-1 esident of a school district is one whose permanent dwell- 
ing place is not within the boundaries of that district. 

7. The residence of a minor is the residence of his parents or 
guardian. 

8. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed in the 
district in which the parents reside, and not in the district in which they 
attend school. 

9. The residence of the parents or guardians determines the school 
district in which the children's names should be listed. In case the 
mother has one legal residence and the father another, the residence of 
the mother determines the residence of the children. 

10. In the case of a family residing in good faith upon a home- 
stead on the 10th day of April, for the purpose of proving up on the 
same, the children of school age should be listed in the district in which 

179 



§156 SCHOOL CENSUS. 

the homestead is located, although the family may reside during the 
school months for the purpose of attending school in another school dis- 
trict. However, if the parents vote in the latter district, they are not 
residing upon the homestead in good faith, and in such case the children 
should be listed in the district where the parents vote. 

Who excluded from. 

11. A person of school age can not be enrolled in the school census 
of a district m which he does not reside, though his father is employed 
and boards in said district, and claims his residence therein, when it 
appears that such person of school age has never actually been in said 
district and when he actually lives in a foreign country or state or when 
he is properly enrolled in any other school district in this state. 

12. It would not be legal to enroll the persons of school age be- 
longing to the State Industrial Scliool in Jefferson county upon the cen- 
sus lists of the school districts where the schools are located, providing 
such persons have a residence elsewhere. The names of such persons 
would appear upon the census lists and would draw from the general 
school fund for the benefit of the districts in which is their true resi- 
dence, and the state makes its own special provision for the education 
of such persons in the industrial schools. 



180 



STATE BOARD OF EDUCATION. 



157. Who constitute state board. 



The superintendent of public instruction, the secretary of 
state and attorney general, shall constitute a state board of edu- 
cation, of which the superintendent of public instruction shall be 
president. [M. A. S., 3965.] 



NOTE — See constitution, article IX, section 1. 



158. When board meets — by-laws. 

The state board of education shall meet at the state capitol 
on the last Saturday in December in each year, and at such other 
times and places as may by them be deemed necessary, and shall 
have power to adopt any rules and regulations not inconsistent 
with law, for its own government, and for the government of 
the public schools. [M. A. S., 3966.] 

159. Grant diplomas — effect. 

The state board of education is hereby authorized to grant 
state diplomas to such teachers as may be found to possess the 
requisite scholarship and culture, and who may also exhibit 
satisfactory evidence of an exceptional moral character and 
whose eminent professional ability has been established by not 
less than two years' successful teaching in the public schools 
of this state. Such diplomas shall supersede the necessity of 
any and all other examinations of persons holding the same. 
by county, city, town, or district in the state, for the grade of 
work indicated, unless revoked bv the state board of education. 
[3 Mills (Rev.), 3967.] 

Grades how applied. 

1. Tbe grades received on a teacher's high school certificate would 
not be credited on a state diploma. The applicant for a state diploma 
must hold at the commencement of the examination, an unexpired first 
grade certificate. The fact that it had been renewed would not invalidate 
it. 

2. Grades received at a county examination could not be trans- 
ferred to a state certificate. 

Experience required before takinp state examination. 

3. The two years' teaching experience in Colorado, required before 
an applicant may take the examination for a state certificate, has been 
interpreted to mean two full years' work in a graded school where the 
term is not less than nine month. 

181 



§§160-161 STATE BOARD OF EDUCATION. 

160. State diplomas. 

State diplomas, which may be of different classes, not to ex- 
ceed three in number, shall be granted upon public examination 
of which due notice shall be given, in such branches and upon 
such terms and by such state board of examiners as the super- 
intendent of public instruction, the president of the state uni- 
versity, the president of the state agricultural college, the pres- 
ident of the state school of mines and the president of the state 
normal school may appoint; Provided, That the state superin- 
tendent of public instruction shall be a member of said board 
and the presiding officer thereof. The state board of education 
may also, upon the recommendation of the state board of exam- 
iners, grant state diplomas without examination, to persons 
who, in addition to good moral character and scholarly attain- 
ments, have rendered eminent services in the educational work 
of the state for a period of not less than six years. Such diplo- 
mas may be of different classes, not to exceed three in number, 
as may be prescribed by the state board of examiners. [3 Mills 
(Rev.), 3968.] 

Certificates from other states. 

1. State certificates issued by other states are not recognized by 
the law of Colorado. Persons who wish to teach in this state must hold 
certificates issued upon examination by the proper district, county or 
state authority. 

161. Revoking diplomas. 

The state board of education may at any time revoke a 
state diploma, upon satisfactory evidence that the holder there- 
of has become unworthy of the same; Provided, That, before 
revoking any such diploma, the holder thereof shall have at 
least thirty days' notice to appear before the state board, and 
refute any charges brought against him. [M. A. S., 3969.] 



182 



STATE BOARD OF LAND COMMISSIONERS. 



162. State land board — composed of whom. 

The governor, superintendent of public instruction, secre- 
tary of state and attorne}- general being constituted a state 
board of land commissioners by the constitution of this state, 
said board shall have direction and control of all lands belong- 
ing to The state, to manage the same as the best interests of 
the state shall require, not inconsistent with the provisions of 
this act and the constitution of the state. A majority of the 
board shall constitute a quorum, for the transaction of business. 
[L. '05, p. 319, §1.] 



183 



STATE NORMAL SCHOOL 



163. Establishment of state normal school. 

A state normal school is hereby established at or near the 
city of Greeley, in the county of Weld and state of Colorado, 
the purpose of which shall be instruction in the science and art 
of teaching, with the aid of a suitable practice department, and 
in such branches of knowledge as shall qualify teachers for their 
profession; Provided^ That a donation shall be made of a site 
for said state normal school, consisting of forty acres of land 
with a building erected thereon, according to plans and specifi- 
cations furnished by the state board of education, and to cost 
not less than twenty-five thousand dollars, ten thousand dollars 
of which shall be paid by the state, as hereinafter provided. [M. 
A. S., 4118.] 

164. Trustees — corporate powers — seal — make by-laws 

Said school shall be under the control of a board of six trus- 
tees; the said board shall be and is hereby declared a body cor- 
porate by the name and style of "The Trustees of the State Nor- 
mal School," and as such and by its said name may hold property 
for the use of said school, be party to all suits and contracts, and 
do all things thereto lawfully appertaining in like manner as 
municipal corporations of this state. The said trustees and 
their successors in office shall have perpetual succession, shall 
have a common seal, and may make by-laws and regulations for 
the well ordering and government of the said corporation and its 
business not repugnant to the constitution and laws of the 
state. [M. A. S., 4119.] 

165. Governor appoint trustees — term of office — oath — superintendent of 

public instruction member. 

The governor shall, upon the approval of this act, appoint 
by the advice and with the consent of the senate, the six trustees 
mentioned and provided in this act, two of whom shall be ap- 
pointed for the term of two years, two for the term of four years 
and two for the term of six years. Their terms of office shall be- 
gin from their appointment and qualification, and shall continue 
for the period for which they shall be so appointed and until 
their successors are appointed and qualified. Every two years 
after the first appointment aforesaid, two trustees shall be ap- 
pointed in like manner to succeed those whose terms are first 
thereafter to expire. Every trustee so appointed shall take and 

184 



STATE NORMAi. SCHOOL. §§166-167-168 

subscribe the oath of office prescribed by the constitution of this 
state before entering upon the duties of his office, which oath 
shall be placed and kept on file in the office of the secretary of 
state. The superintendent of public instruction shall be, ecp 
officio, a member of the board of trustees of the said state nor- 
mal school. [M. A. S.. 4120.] 



166. Part of public school system — apportionment of funds — supervisory 
powers over. 

Said normal school is hereby constituted an integral part 
of the public school system of this state, and shall stand upon 
the same basis as to apportionment of state school funds as 
union high schools, and shall be subject as such to the general 
supervisory powers vested bv the constitution in the state board 
of education. [M. A. S., 4121.] 



167. Powers of trustees. 

Subject to the constitutional powers of the state board of 
education, the trustees of the state normal school shall have the 
general supervision of the state normal school, and the control 
and direction of its funds and the appropriations therefor. They 
shall have power to appoint a faculty, consisting of a principal 
and assistant principal, and such other professors as may be 
required therein; they may also appoint such assistant teachers 
as are found necessary. They shall also have power to remove 
said principal or assistant principal, or any professor, teacher or 
employe in or about said school, and to appoint or employ 
another or others instead; to fix the salaries of each and to pre- 
scribe their several duties. They shall, with the advice and 
consent of the faculty, prescribe the various books to be used in 
said school, the courses of study and instruction, which in no 
case shall cover a period of less than three years, and shall make 
all the needful rules, regulations and by-laws for the good gov- 
ernment and management of the same. [M. A. S., 4122.] 



168. Provide grounds — buildings — apparatus. 

Said board of trustees shall also have power, and it shall be 
their duty from time to time, as means shall be provided and 
placed at their disposal, to provide suitable grounds and build- 
ings, either by donation, purchase or lease, for the use of said 
school, and, in their discretion, shall also provide all proper and 
needful apparatus, books, articles and things for teaching and 
illustrating the branches of studv authorized in said school. [M. 
A. S.. 4123.] 

185 



§§169-170-171-172 STATE NORMAL SCHOOL. 

169. Qualifications for admission — examination — declaration. 

The said board of trustees shall prescribe the qualifications 
for admission of students to said normal school. Every appli- 
cant for admission shall undergo an examination by the faculty 
of said school, and if it shall appear that such applicant is not 
a person of good moral character, or fails to pass such exami- 
nation, such applicant shall be rejected. Each applicant, except 
as hereafter provided, shall, prior to his or her admission, also 
sign and file with the board of trustees a declaration to engage 
in the business of teaching in the public schools of this state. 
[M. A. S., 4124.] 

170. Open to residents of state — other persons — fees. 

The state normal school shall be open, subject to its regu- 
lations, to all persons resident in this state, sixteen years of age 
and upward, without charge for tuition; and to other persons 
under such regulations as the board of trustees may prescribe, 
upon payment of a rate of tuition to be fixed by said board, and 
without the aforesaid declaration of intention to teach in the 
public schools of this state, said board of trustees shall also fix 
the fees for admission of pupils to the practice department of 
said normal school. [M. A. S., 4125.] 

171. Officers of board — duties — bond. 

The board of trustees shall elect from among their number, 
at the first and every succeeding annual meeting of said board, 
a president, who shall preside at all meetings and perform such 
duties as are incumbent upon such office. The board shall also 
elect a secretary, who shall not be a member of the board, and 
who shall hold office for the term of one year, and until his suc- 
cessor shall be elected and qualified. The said secretary shall 
give bond in a surn to be fixed by the superintendent of public 
instruction for the faithful handling and true accounting and 
delivery of all moneys and property of said school coming to his 
hands or control, which bond shall be filed with the secretary of 
state, after approval of the sureties thereon by the said board of 
trustees. No secretary elected as aforesaid shall receive into his 
possession or control any money or property of said normal 
school until after he shall have executed his bond and the same 
shall have been approved and filed as aforesaid. The state treas- 
urer shall be, eoe officio, treasurer of the state normal school. 
[M. A. 8., 4126.] . 

172. Diplomas — examination — graduation. 

The state normal school is authorized to grant diplomas to 
such students as shall have completed the full course of instruc- 
tion in said normal school, shall have been recommended by the 

186 



STATE NORMAL SCHOOL. §§173-174-175-176 

faculty, and shall have ijassed a final examiuatiou upon the 
branches embraced in the prescribed course of study; such ex- 
amination to be conducted by the examining board, consisting 
of the state superintendent of public instruction, a county su- 
perintendent of schools within the state, appointed for the pur- 
pose by the governor, and the principal of said school. Such 
diploma, when signed by the members of said examining board 
and the president and secretary of the board of trustees, shall be 
evidence that the receiver thereof is a graduate of the state nor- 
mal school, and entitled to all the honors and privileges of such 
graduates. [M. A. S., 4127.] 

173. Diploma license to teach — license annulled. 

The said diploma shall license the receiver thereof to teach 
in any of the public schools of this state when a certified copy 
thereof shall have been filed in the office of the county superin- 
tendent of schools in the county wherein such graduate is teach- 
ing or proposes to teach. Such license may be annulled by the 
state superintendent of public instruction, who shall give imme- 
diate notice thereof to the several county superintendents of the 
state, and such license may be suspended in any county by the 
superintendent of schools for such county, pending the action of 
the superintendent of public instruction. [M. A. S., 4128.] 

Registration of normal school diploma. 

1. The law requires that the state normal school diploma, held 
bj' one who is to teach in a certain county, shall be presented to the 
county superintendent for inspection and registration by him, and until 
this is done the teacher is not legally a teacher in the county, and there- 
fore should not receive her salary until she has fully complied with the 
law. 

174. No fee for diploma. 

No fee shall be charged or received for any diploma or cer- 
tificate authorized by this act. [M. A. S., 4129.] 

No fee for registration. 

1. No law authorizes a county superintendent to charge a fee for 
registering a certificate issued by the state normal school. 

175. Compensation of trustees. 

The trustees of said normal school shall be entitled to re- 
ceive five dollars per day and their necessary traveling expenses, 
when actuallv emploved in the performance of their duties as 
such trustees'. [M. A. S,, 4130.] 

176. Board receive and hold money and property. 

The board of trustees of the said normal school shall have 
power to receive, demand and hold for the uses and purposes 

187 



§§177-178 STATE NORMAL SCHOOL. 

of said school such money, lands or other property as may be 
donated or devised for or thereto, and to apply the same, within 
the powers conferred by law, in such manner, as shall best sub- 
serve the interests and objects of said normal school. [M. A. S., 
4131.] 

177. Funds and revenues apportioned. 

The funds and revenues for the establishment and mainte- 
nance of said normal school, for the payment of its officers, 
teachers and employes, and for all purposes incident thereto or 
necessary for the proper founding, continuance and successful 
conduct thereof, shall be appropriated and apportioned in such 
manner as the general assemblv shall by law provide. [M. A. S., 
4132.] 

178. Report of trustees — contents — verification. 

The trustees of the state normal school shall make and file 
with the state board of education, on or before the first day of 
August in each year, a report of the affairs and conduct of said 
normal school during the year last preceding such report. Said 
annual report shall be made upon blanks prepared by the super- 
intendent of public instruction, approved by the state board of 
education, and shall include the following, viz.: 

First — The number of students enrolled during the preced- 
ing year, their sex, age, residence and place of birth. 

Second- — The attendance each day; the average attendance 
for each week and term, and during the year; the number of days 
the school was taught in the year. 

Third — The full curriculum of instruction in said school ; the 
classification and departments thereof; the branches taught; time 
devoted to each; text books and apparatus in use; number of 
books in the library; requirements for admission and graduation, 
with dates and requirements for examinations. 

Fourth — The number of students in each department and 
class; number of diplomas granted, and to whom; number, names 
and residence of graduates; number of suspensions and expul- 
sions, and cause of same. 

Fifth — The names and number of teachers in each class and 
department, length of time each has been employed, and salary 
paid to each. 

Sixth — Names, individual employment and number of all 
other employes in and about the school, with rate and amount of 
wages paid to each. 

Seventh — A full financial statement, classified and itemized, 
of the business department of the school and corporation, cov- 
ering receipts and expenditures from and by all sources, and in 

188 



STATE NORMAL SCHOOL. §178 

such form as to show the average cost of the school per month 
for each pupil, and in gross for the year; cash on hand or deficit 
at the beginning and end of year. 

Eighth — An estimate of necessary expenditures, ordinary 
and special, for the next ensuing year. 

Ninth — Such other particulars as the said board of educa- 
tion may require, necessary to a fair and complete showing and 
fair understanding of all the affairs of said normal school. 

Said report shall be signed by the president and secretary 
of the said board of trustees, and verified by the oath of one or 
more of their number. [M. A. S., 4133.] 



189 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



179. Election of state superintendent. 

At the general election, to be held in the year of our Lord 
one thousand eight hundred and seventy-eight, and every two 
years thereafter, a state superintendent of public instruction 
shall be elected b}^ the qualified electors of the state, who shall 
hold office for the term of two years from the second Tuesday 
of January next after his election, and until his successor is duly 
elected and qualified. [M. A. S., 3970.] 



180, Oatii and bond of superintendent. 

Before entering upon his duties he shall take and subscribe 
the oath of office prescribed by the constitution, and shall also 
execute a bond in the penalty of five thousand dollars, payable 
to the state of Colorado, with sureties to be approved by the 
state auditor, conditioned upon the faithful discharge of his 
official duties, and the delivery to his successor of all books, 
papers, documents and other property belonging to the office. 
Said bonds and oath shall be deposited with the secretary of 
state. [M. A. S., 3971.] 



181. Duties of superintendent. 

He shall have an office at the seat of government, where 
shall be kept an official seal, and all books and papers appertain- 
ing to the business of his office. He shall file all papers, reports 
and public documents transmitted to him by the school officers 
of the several counties, each year separately, and hold the same 
in readiness to be exhibited to the governor, or to any committee 
of either house of the general assembly. Copies of all papers 
filed in his office, and his official acts, may be certified by him, 
and when so certified, shall be evidence equally and in like man- 
ner as the original papers. He shall decide all points touching 
the construction of the school laws, which may be submitted to 
him in writing by Siuy school officer, teacher or other person in 
the state, and his decision shall be held to be correct and final 
until set aside by a court of competent jurisdiction, or by subse- 
quent legislation; and said decision, correspondence and instruc- 
tions may be communicated through the columns of any regu- 
larly published periodical that is devoted to the interest of edu- 
cation. He shall prepare lists of questions for the use of county 
superintendents at the quarterly examination of teachers, and 
make such suggestions concerning their use as shall tend to se- 

190 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. §182 

cui'e uniform examinations in the different counties; and he may 
call to his aid, in the preparation of said questions, such assist- 
ance as he may deem proper. [M, A. S., 3972.] 

NOTE— In regard to books received for use of th3 supreme court. See 
M. A. S.. 98S. 

No right to compel county superintendent to grant petition. 

1. The county superintendent has no right to grant or not to grant 
a petition for the establishment of a new district, and the state super- 
intendent has no right whatever to compel any countj' superintendent to 
grant such a petition if, in the county superintendent's judgment, it is 
not wise or desirable. 

Take no part in organizing district. 

2. It is not within the province of the state superintendent to take 
any part whatever in the organization of a new school district. He may, 
however, as a member of the state board of education, pass upon the 
legality of such organization when an appeal is taken to the board from 
the decision of the county superintendent. 



182. Furnish blanks — cost — prepare laws. 

He shall have a general supervision of all the county super- 
intendents, and of the public schools of the state. He shall pre- 
pare, have printed and furnished to teachers and all officers 
charged with the administration of the laws relating to public 
schools, such blank forms, registers and books as may be neces- 
sary to the discharge of their duties; but he shall not copyright 
such forms, nor be directly nor indirectly compensated by reason 
of the sale thereof. All register and blank books so furnished 
for the use of teachers and school officers shall be charged to 
the respective counties at cost, and the county superintendent 
of schools shall receipt for and distribute the same among the 
districts of his county as they may require; and the amount so 
charged against each county shall be deducted from the amount 
apportioned to such county at the semi-annual apportionment of 
the state school fund;, and the superintendent of public instruc- 
tion shall certify to the state treasurer the aggregate amount 
of such deductions, and the treasurer shall thereupon transfer 
said amount from the school fund subject to apportionment to 
the general fund. The superintendent of public insctruction 
shall have the laws relating to public schools printed in pam- 
phlet form, and annexed thereto forms for making reports and 
conducting school business, and shall supply school officers, 
school libraries and state libraries with a copy each. Said print- 
ing to be paid for out of the printing fund, on warrant of the 
auditor, on bills approved by the superintendent of public in- 
struction, and attested by the secretary of state. [M. A. S., 3973.] 

NOTE— See Enabling- Act, section 14. » 

191 



§183 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

No power to remove memhers of district doards. 

2. The state superintendent has no power to remove members of 
district boards. The only manner in which a school director can be 
removed is by action in courts upon suit brought by electors of the 
district, and in such a case absolute violation of the law in connection 
with his duties as school director must be proven to accomplish the 
removal. 

Poivers in regard to certificates. 

3. The state superintendent has no authority to grant a certificate 
to teach except when directed to. do so by a vote of the state board of 
education in cases of appeal and of state examination. 

4. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter of 
comity, and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 

5. The laws of Colorado do not give the state superintendent the 
right to authorize the county superintendent to hold a special examina- 
tion. Examinations for teacher's certificates can not be taken at any time 
except at those times prescribed by law for public examinations. 

6. When an applicant of lawful age presents himself for the county 
examination, the county superintendent has no course other than to re- 
ceive and grade the papers and report the same to the superintendent 
of public instruction. A county superintendent can not legally withhold 
a certificate at the request of a person who, as a lawful applicant, appears 
at the examination. 

7. The state superintendent has no right to endorse certificates; 
that is a matter which rests with the county superintendent. 

8. The state superintendent has no authority whatever to waive 
in any manner the requirement for the issuing a certificate to teach, nor 
to order a county superintendent to change the marking, unless the appli- 
cant appeals from the decision of the county superintendent to the state 
board of education. 

9. The state superintendent has no authority whatever to waive 
in any manner the requirements of law for a license to teach, nor to 
grant a temporary certificate or permit, nor to authorize a county super- 
intendent to grant such certificate or permit. 

10. The laws of Colorado do not give the state superintendent the 
right to endorse certificates of any kind from other states. 

11. The law makes no provision for the writing of a duplicate cer- 
tificate for the convenience of the person holding a first grade certificate. 
Special permission may be obtained from the state superintendent by a 
county superintendent to write a duplicate certificate in case the holder 
of the original gives proof of its being lost or destroyed. 

12. The state superintendent has no authority to excuse a person 
from taking an examination. 

183. Biennial report — visits — expenses. 

He shall, on or before the tenth day of December, in every 
year preceding that in which shall be held a regular session of 
the general assembly, report to the governor the condition of 
the. public schools, the amount of state school fund apportioned, 
and sources from which derived, with suggestians and recom- 

192 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. §184 

mendations relating to the affairs of his office as he may think 
proper to communicate. It shall be his duty to visit annually 
such counties in the state as most need his personal attendance, 
and all counties, if practicable, for the purpose of inspecting the 
schools, awakening and guiding public sentiment in relation to 
the practical interests of education, and diffusing as widely as 
possible, by public addresses and personal communication with 
school teachers and parents, a knoAvledge of existing defects and 
of desirable improvements in the government and instruction of 
the schools; and he shall open such correspondence as may ena- 
ble him to obtain all necessary information relating to the sys- 
tem of public schools in other states; and he shall receive out of 
the state treasury, for actual necessary traveling expenses and 
other expenses while traveling on the business of the department, 
not exceeding five hundred dollars per annum, for which he shall 
render an itemized bill to the auditor of state, who is hereby 
authorized to draw his warrant therefor; and all office, fuel, fur- 
niture, postage, books, stationery, and other contingent expenses 
pertaining to his office shall be furnished in the same manner as 
those of the other departments of the state government. [M. A. 
S., 3974.] 



184. Apportionment of school fund. 

It shall be the duty of the state auditor to notify the super- 
intendent of public instruction of the amount of money in the 
state treasury to the credit of the public school income fund, on 
the thirtieth day of June and December in each year. Within 
fifteen days after receiving such notification, the superintendent 
of public instruction shall apportion said fund among the sev- 
eral counties of the state, from which reports have been received 
by said superintendent, as provided in this act, in proportion to 
the school population as shown by the report of each county for 
the year next preceding such apportionment, making such deduc- 
tions as are provided in section nine of said chapter. And the 
superintendent of public instruction shall certify said apportion- 
ment to the state auditor, and upon such certificate the auditor 
shall draw his warrant on the state treasurer in favor of the 
county treasurer of each county, for the amount due said county. 
The superintendent shall also certify to the superintendent of 
each county the amount apportioned to such countv. [M. A. S.» 
3975.] 

NOTE— Section 9 referred to in this section is section 182. 

Two apportionments. 

1. There are only two apportionments of the school fund by the 
state superintendent during the year, one in January and one in July. 
Other apportionments, if any, are made by the county superintendents. 

7 

193 



§185 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

185. Assistant librarian — salary. 

He may employ an assistant librarian, who shall have charge 
of the state library, nnder such regulations as may be prescribed 
by the state librarian, or by law. Said assistant shall receive 
the annual salary of one thousand dollars (|1,000) for his ser- 
vices. [M. A. S.,^ 3976.] 



194 



TAXES. 

COUNTY SCHOOL TAXES. 

186. County commissioners shall cause school tax to be levied. 

The county commissioners shall, at the time of levying the 
tax for county purposes, cause to be levied a tax for the support 
of the schools within the county, of not less than two (2) mills 
on the dollar, of the assessed value of all taxable property, real 
and personal, within the county, which tax shall be collected by 
the county treasurer at the same time, and in the same manner, 
as state and county taxes are collected, except that it shall be 
receivable onl}- in cash. It is hereby made the duty of the county 
superintendent of schools to certify to the board of county com- 
missioners at this time the amount of money needed per capita, 
to enable each school district in the county to maintain a public 
school four (4) months in each year, as required by law. In mak- 
ing his estimate, the county superintendent shall not take into 
consideration districts whose school population shall be less than 
fifteen (15), as shown by the school census preceding the time of 
making the levj'. He shall use as a basis for making his esti- 
mate the suiji of fort}' (40) dollars per month for the teacher's sal- 
ary. All other expenses of the school must be provided for by 
the board of directors by special tax. It is hereby made the 
duty of the county commissioners to increase the minimum rate 
of two (2) mills, to what shall be required for the purpose, as 
stated as above; Provided, That such tax levy shall in no case 
exceed five (5) mills; Provided, further. If any school district 
shall fail to certify a special tax for other expenses of the dis- 
trict necessary to maintaining a public school each year, as pro- 
vided for in section seventy-seven, the county commissioners 
shall cause the same to be levied. [3 Mills (Rev.), 4028.] 

NOTE— Limit of levy, section 192. 

NOTE — Section 77 above referred to is section 154 herein. 

Apportionment of two mill levy. 

1. The above section contemplates that the two mill tax therein 
provided shall be apportioned among the school districts per capita. The 
$40 per month therein provided is established as a basis in estimating 
the teachers' salaries. 

Duties of county commAssioners in regard to levy. 

2. It is the duty of the board of county commissioners to levy such 
a rate above two mills as may be necessary to produce the amount needed 
per capita to enable each school district in the county to maintain a 

195 



§186 TAXES. 

public school four months In each year, as required by law, and as 
shown by the county superintendent's certificate provided for in the 
same section. The board of commissioners can be compelled to do this 
by mandamus if necessary. 

3. The county commissioners have no right whatever to make a 
general levy of one mill, since the law plainly states that the minimum 
rate is two mills, which must be increased by the commissioners to what- 
ever shall be required for the purpose as specified to them by the county 
superintendent of schools. 

4. The above section is clearly in conflict with the act of 1899. 
(See section 192.) And it is clear that so much of said section as 
conflicts with the latter act is expressly repealed, and that county com- 
missioners are limited only by their discretion in making levies for 
school purposes since April 8, 1899, that being the date on which the 
act took effect. The minimum amount of two mills is, however, not 
changed. 

Legal custodian. 

5. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, ex- 
cept in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of the 
funds only during the times of advertising and subsequent payment. 

Special fund — how used. 

6. Bonds can not be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

7. If any surplus funds remain in the special fund over what is 
necessary to meet the regular current expenses of the district, such sur- 
plus may be used to pay past indebtedness. 

8. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the 
revenues of the district for the current year; therefore an arrangement 
for issuing warrants payable in one, two and three years, the qualified 
voters to vote a levy to be collected in one, two and three years to pay 
the warrants, would not be legal. The voters have no authority to vote 
a levy except for the current year. It would, therefore, only be possible 
to raise the money by voting bonds for the amount if the electors do not 
wish to levy the whole tax in one year. 

9. The law does not give the school board the right, without the 
consent of the electors, to furnish board from the special fund for pupils 
who live too far away to attend. 

Funds of first class districts. 

10. Funds of first class districts must remain in the hands of 
the county treasurer and be drawn upon through warrants made out by 
the district board, as in districts of the third class. The law makes no 
provision for the handling of the funds. 

Commissioners — no authority to change levies — lohen certified. 

11. The county commissioners have no authority whatever to 
<-hang8 levies for special school tax when certified to by the directors of 
•a district. The levies as certified by the school directors must remain, 
-whatever the action of the commissioners may be as regards valuation. 

196 



TAXES. §§187-188 

Tax not voted — county commissioners levy lohen. 

12. In case a school district has not held its annual meeting to 
elect officers and vote a tax, it becomes the duty of the county super- 
intendent to appoint to the vacant positions, and the duty of the county 
commissioners to levy the tax for the district. 

Directors not exercise powers of electors. 

13. Directorrf can not exercise the powers given electors of districts 
of the third class, after filing annual census of 350 children previous to 
the annual election. The board will reorganize after the annual election 
and after the census list is examined, compared as required of the county 
superintendent in section 186 of the school law, and is found to be cor- 
rect in giving the district the necessary number for a second class dis- 
trict. 

Neiv levy on consolidation — when. 

14. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new levy 
must be determined on for the new district. 

Warrants drawn — 'when. 

15. After a levy is made for a special purpose in a school district, 
and is also made by the county commissioners, warrants may be drawn 
to the amount of the revenue for the current year. 

Special tax — ivhen voted. 

16. It would be legal to vote a special tax at an annual meeting by 
giving the legal notice; Provided. That such special tax, together with 
any other special taxes levied for the given year, does not exceed the levy 
allowed to a district of your class. 

17. A majority vote to decide a special tax levy of the building of 
a new school building means a majority of the qualified electors lohen 
assembled at a regular or special meeting. 

187. County clerk must levy — officer failing — forfeiture. 

No county clerk or other person, who shall make out the 
tax list or assessment roll of any county, shall omit or neglect 
to levy said tax of two (2) mills, as aforesaid, by reason of the 
omission of the board of county commissioners to pass a resolu- 
tion for that purpose. Failure to levy a tax of at least two (2) 
mills, as above specified, shall be deemed a violation of the law, 
and the person or persons through whose neglect or refusal the 
failure so to levy shall occur, shall forfeit the sum of one hun- 
dred (100) dollars each, and be liable for all damages resulting 
from such neglect or failure. [M. A. S., 4029.] 

188. School boards shall certify to commissioners tax to be levied — 

limit — duties of assessor and treasurer — proviso. 

On or before the day designated by law for the commission- 
ers of each county to levy the requisite taxes for the then ensu- 
ing year, the school board in each district shall certify to the 
county commissioners the number of mills per dollar which it 

197 



§188 TAXES. 

is necessary to levy on the taxable property of the district, to 
raise a special fund for any of the purposes specified in section 
flfty-one of this chapter, and the county commissioners shall 
cause the same to be levied at the same time that other taxes are 
levied, and the amount of such special tax which shall be 
assessed to each taxpayer of such district, shall be placed in a 
separate column of the tax book, which shall be headed ''special 
school tax;" Provided, That a school board of a district of the 
third class shall not certify, as above, to a higher rate than fif- 
teen mills per dollar. There shall also be a column in said tax 
book in which shall be designated the number of the school dis- 
trict in which the property is listed. This tax shall be collected 
in cash only, and placed to the credit of the proper district as 
fast as collected, and the amount placed to the credit of each 
district shall be reported to the secretary of such district at 
the end of every month, and shall be subject to the order of 
the district board. Tt is hereby made the duty of the county 
assessor and county treasurer to so arrange their tax schedules 
and books as to conform to the above provisions; Provided, That 
the county assessor shall list all propert3\ both real and per- 
sonal, in the school district in which the same may be on the 
first day of May; And, provided, further. That the board of any 
district may order the levy of not to exceed one-tenth of one 
mill, the proceeds of which shall be used exclusively in the pur- 
chase of books for a library, to be open to the public, under such 
rules as the district board mav deem needful for the proper care 
of the said library. [M. A. S", 4032.] 

NOTE— Limit of levy, section 192. 

NOTE — Section 51 above referred to is section 81 herein. 

Certify special fifteen-mill limit. 

1. A district board of the third class can legally certify a special 
tax to the board of county commissioners without a vote of the electors 
of the district, provided the tax thus certified is not in excess of the 
amount necessary to support a four months' school. 

2. After a district has voted a special tax, and such tax has been 
certified to the county commissioners by the directors, it can not be recon- 
sidered or amended, nor can the board of directors make a new levy; but 
it maj^ be reconsidered if the certificate has not been filed. 

3. If the directors fail to certify the amount of the special tax levy 
the county commissioners may make a levy sufficient to maintain a four 
months' school, the tax in no case to exceed fifteen mills. 

4. The fifteen-mill limit of special taxation applies only to third 
class districts. 

5. In case a.n assessor should alter a levy certified by a district 
school board, he is liable civilly and criminally. 

6. The directors of a third class school district have a legal right 
to certify a special tax sufficient to support a four months' school to the 
county commissioners in case the electors neglect to fix the levy. Such a 
tax must not exceed fifteen mills on the dollar, and if a vote of the elec- 
tors has been taken in a district, then the directors must certify the 
amount voted by the electors. 

198 



TAXES. §188 

7. This section, school law. authorizes the school board (of first 
and second class districts) to certify for a special school fund without 
instructions from the electors so to do 

School funds not used for singing school. 

8. The school funds can not be legally used for defraying the ex- 
penses of a singing school. 

Levy for libraries. 

9. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

10. Funds raised in accoi'dance with the provisions of this section 
of the school law must be used solely for the purchase of books for a 
library which shall be entirely under the control of the school board; and 
while the section states that the library shall be open to the public, it is 
my opinion that the law does not contemplate the location of the library 
anywhere but in connection with the school. 

Constitutional prohibitions. 

11. The constitution of Colorado prohibits the creation of a debt 
by loan for building purposes in any other way than by a vote oi the 
electors. While a certificate of indebtedness can not be considered a loan, 
strictly speaking, the courts would probably construe it to be prohibited 
by the same constitutional provision when issued to cover a debt incurred 
by building. 

Special levy in first and second class districts. 

12. There is no limit to the special levy in first and second class 
districts. 

Special taxes collected on range stock — lohen. 

13. It is lawful to collect special school taxes on range stock m 
districts where they are located. 

Can not change school tax of resident. 

14. The law gives no authority to change the school tax of a resi- 
dent of one district to another district. 

'New levy upon consolidation. 

15. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new 
levy must be determined on for the new district. 

When warrants drawn. 

16. After a levy is made for a special purpose in a school district, 
and is also made by the county commissionei-s, warrants may be drawn 
to the amount of the revenue for the current year. 

Basis of estimating maximum of bonds. 

17. In estimating a maximum amount of bohds that can be issued 
by a school district, the estimate must be based upon the last complete 
assessed valuation. 

199 



§§189-190-191 TAXES. 

SPECIAL TAX. 

189. Special tax levy not to be reconsidered. 

It shall not be lawful for a district or a district board to 
reconsider the question of the levy of a special tax after the 
same has been certified to the county commissioners, nor shall 
said commissioners be charged with any discretion in the matter 
of such levy further than to ascertain if the law has been obeyed. 
[M. A. S., 4035.] 

Levy can not he changed. 

1. The board of county commissioners lias no authority to change 
a special tax levy certified by the board of directors. 

2. A district board can not raise a tax levy decided upon by the 
electors of the school district after it has been certified to the county 
clerk. The board of commissioners can not raise this levy if the require- 
ments of the law have been complied with so far as the amount is con- 
cerned. 

3. The directors can not change a levy made by the electors of a 
district, even though it may be insufficient to carry on the regular term 
of school in the district. 

4. When a levy has been made by electors, it is not in the power 
of the school board to raise the levy made after the same has been certi- 
fied to the county commissioners. This applies to a third class district. 
If it is a second class district, the right to make the levy rests entirely 
with the school board. 

5. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy. 

6. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new levy 
must be determined on for the new district. 

7. There is no provision whereby the levy can be changed that has 
been certified to by the former county superintendent and ordered by 
the commissioners. 

LIMIT OF TAXATION. 

190. Classes of counties for limiting tax levy. 

For the purpose of limiting the amount of the tax levies for 
county purposes, as hereinafter provided, the several counties in 
this state are hereby classified into ten classes, to be known as 
the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth 
and tenth classes. [S Mills (Rev.), 799di.] 

191. Classification of counties. 

The county of Arapahoe shall belong to and constitute the 
first class; the 'counties of Weld, El Paso and Pueblo shall belong 

200 



TAXES. §192 

to and constitute the second class; the counties of Boulder, Fre- 
mont and Las Animas shall belong to and constitute the third 
class; the counties of Elbert, Hinsdale and Larimer shall belong- 
to and constitute the fourth class; the coujities of Chaffee, Clear 
Creek, Douglas, Jefferson, Lincoln, Rio Grande and Saguache 
shall belong to and constitute the fifth class; the counties of 
Cheyenne, Delta, Kiowa, Kit Carson, La Plata, Morgan, Otero 
and Prowers shall belong to and constitute the sixth class; the 
counties of Costilla, Conejos, Custer, Dolores, Garfield, Gilpin, 
Gunnison, Eagle, Huerfano, Logan, Mesa, Montezuma, Montrose, 
Routt, Rio Blanco, Summit, Teller, Washington and Yuma shall 
belong to and constitute the seventh class; the counties of Baca. 
Bent, Lake, Ouray, Park, Pitkin, San Juan, San Miguel and 
Sedgwick shall belong to and constitute the eighth class; the 
counties of Archuleta, Grand and Phillips shall belong to and 
constitute the ninth class; and the county of Mineral shall be- 
long to and constitute the tenth class. [3 Mills (Rev.), 799di.] 

192. Limit of levy. 

There shall be levied and assessed upon all taxable prop- 
erty, both real and personal, within the several counties of this 
state the following taxes : For ordinary county revenue, includ- 
ing the support of the poor and for the purpose of raising a fund 
to meet any unforeseen contingencies, such rate as may be 
necessary, not to exceed three mills on each dollar of valuation 
in counties of the first class; not to exceed six mills on each 
dollar of valuation in counties of the second class; not to ex- 
ceed seven and one-half mills on each dollar of valuation in 
counties of the third class; not to exceed eight and one-half mills 
on each dollar of valuation in counties of the fourth class; not 
to exceed ten and one-half mills on each dollar of valuation in 
counties of the fifth class; not to exceed twelve mills on each 
dollar of valuation in counties of the sixth class; not to exceed 
fifteen mills on each dollar of valuation in counties of the sev- 
enth class; not to exceed sixteen mills on each dollar of valua- 
tion in counties of the eighth class; not to exceed twenty mills 
on each dollar of valuation in counties of the ninth class; not 
to exceed twenty-five mills on each dollar of valuation in coun- 
ties of the tenth class; Provided. That any county may levy such 
rate as it may see fit for the erection, maintaining, repairing, 
leasing or renting of county buildings, for roads and bridges, 
bonds and interest thereon, or judgment bonds and interest 
thereon and for school purposes. [8 Mills (Rev.), 799d^.] 



201 



TEACHERS. 



193. Must have license — expiration — proviso. 

No district board shall employ any person to teach in any of 
the public schools of the state, unless such person shall have a 
license to teach, issued from the proper district, county or state 
authority, and in full force at the date of employment; and any 
teacher who shall commence teaching in any such school with- 
out such license, shall forfeit all claim to compensation out of 
the school fund for the term so teaching without such license. 
And if a teacher's license shall expire by its own limitation 
within a term of employment, such expiration shall not have 
the effect to stop the school, or stop the teacher's pay; Provided, 
That a teacher whose certificate so expires, if the term of school 
for which such teacher is employed extends more than one month 
after such expiration, shall secure a new certificate, or a re- 
newal of the one held while the same is in force; And, provided^ 
further, That a certificate shall not be required of persons em- 
ployed to teach either music, drawing or modern languages 
only. No teacher shall be dismissed without good cause shown, 
and such teacher shall be entitled to receive pay for services ren- 
dered. [M. A. S., 4024.] 

NOTE — Kindergarten teachers, section 147. 

License — gtialifications. 

1. The law provides that an applicant for a teacher's certificate 
must not be less than eighteen years of age. It would be illegal to grant 
a certificate if the applicant did not meet that requirement. It would 
also be illegal to employ a teacher without the necessary license issued 
by the proper authorities. 

2. A person can not be legally employed to teach in the public 
schools for any length of time, however short, unless such person has 
a certificate to teach, issued by the proper authorities. 

3. An unlicensed person can not legally be employed as substitute 
teacher in the public schools of this state. A substitute teacher must be 
provided with the proper certificate. 

4. It is held that a teacher may continue school until notice is given 
of the failure to obtain a certificate. 

5. A teacher holding a certificate to teach, issued by the proper 
authority, is entitled to all the rights and emoluments implied thereby 
until certificate is revoked for cause. 

6. The engagement to teach of a person who has no certificate by 
school directors is illegal, as no contract could be made between the 
school board and such a person. The fact that she draws no pay would 
not entitle her legally to teach the school. A school so taught could not 
be considered b public school, nor could the months of school so taught 
be counted in, or reported as, months of public school work. School 
directors could only as private citizens employ a teacher to teach a pri- 

202 



TEACHERS. §193 

vate school. There is no possible waj^ in which the public school work 
and the private school work can be combined, or the private school work 
legalized as public school work, or a private school teacher, uncertificated, 
in any way be considered as a public school teacher. 

Contract. * 

7. Two members of the school board in districts of the second and 
third classes can make a legal contract without the consent of the third 
member; Providing, Such contract is made at a regular meeting, or at a 
special meeting legally called, and of which all the directors had legal 
notice. 

9. When a teacher begins work without having entered into a 
definite verbal or written contract with the school board which employs 
her, she has a right to leave the school at any time, and the school board 
has the right to discharge her at the end of the first month's work, and 
also to employ another teacher. 

10. A school board can hold a teacher to a contract for the time 
therein agi-eed. 

11. In case of two members of the board at a legally held meeting 
of the board voting a certain sum as the teacher's salary, written notice 
of such action being sent to the teacher, the notice is binding upon the 
board and equal to a contract. 

12. If a school board makes a legal contract either verbal or in 
writing with a teacher, providing for his re-election and specifying the 
salary he is to receive, the board could not at a later meeting change 
its action without cause. 

13. An oral contract made between a teacher and a school board 
is as binding' as a written one; Provided, That each party can prove the 
terms of the contract. 

14. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time. 

15. The board of directors has exclusive jurisdiction in the em- 
ploying and discharging of teachers. 

16. A contract between a teacher and his substitute is not binding 
upon the board of directors. 

17. A contract to teach made by two directors in a second or third 
class district with the proposed teacher is valid, and the person so en- 
gaged can collect the amount named "in the contract as compensation for 
his services, if he performs such services in accordance with the terms 
of the contract. 

18. If a teacher is not competent to conduct a school, the school 
board is not bound by the contract. 

19. When a contract is I'educed to writing, it is supposed to express 
the intention of the parties, and when such intention is clear, it can not 
be changed by oral evidence. 

20. Since there was no written or verbal contract in regard to 
the length of your school term, you can not compel the board to continue 
the school for any stated time. The school board has the full power 
to decide what the term of school shall be. 

21. The directors of a district have no legal right to make a con- 
tract with a teacher to pay wages in excess of the revenues for the year. 

22. If a teacher receives from the secretary of a school board, in 
pursuance of an order of the board, a letter notifying him of the length 
of teinii and salary, such notification would stand in law as a contract 
should the teacher accept. 

23. A verbal i)romise given to a teacher by members of a school 
board at other than a regularly called meeting is not in any way binding 

203 



§193 TEACHERS. 

upon the board. The members have a perfect right to engage some other 
person when a regular meeting of the board is held. 

24. When a teacher enters into a contract with a board of directors 
to teach a certain number of months it is understood that customary 
vacations may intervene, even though not specified in the contract, and 
that the teacher will not receive compensation for the time occupied by 
said vacations, he being expected to teach the full number of months 
specified in the contract, aside from the time included in the vacations. 

25. A contract made with the president and treasurer of a school 
board would be legal, even if there is a vacancy in the office of secretary. 
A warrant signed by the above named members, under the circumstances 
mentioned, should be considered a sufficient warrant for recognition by 
the county treasurer. 

No compensation without license. 

26. It would be illegal for a school board to pay the teacher, unless 
she was provided with a certificate issued in the county, or with certifi- 
cate recognized in some way by the county superintendent. 

27. Any elector of the district or the county superintendent of the 
county, through legal process, may prevent the board from paying out 
money as wages to a teacher when she does not possess the necessary 
license. 

28. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this or any other state, if the certificate be not in full force 
at the date of such endorsement. Should the board employ a teacher 
without a license to teach, all claim to compensation on the school fund 
for the term will be forfeited. 

29. If a school board employs teachers who do not hold legal cer- 
tificates, such board is liable for the teachers' salaries, since it is a 
direct violation of the law to pay such teachers from the public funds. 

30. It would be illegal for the school board to pay the teachers 
unless they are provided with certificates issued in the county or with 
certificates recognized in some way by the county superintendent. Any 
elector of the district or the county superintendent can, through legal 
process, prevent the board from paying out money as wages to teachers 
without the necessary certificates. 

Salary. 

31. The only way by which a teacher's salary can be legally in- 
creased, during the term for which she is employed, would be at a regu- 
lar or special meeting of the school board. 

32. "A teacher's only recourse against a school board that refuses 
to issue a warrant for salary is through the courts. 

33. A teacher is under no obligation to make up time lost when 
school is closed for the purpose of repairing buildings. If a teacher 
absents himself a day or more from his work, he himself being responsi- 
ble for the loss of time, he must make good the loss of time or forfeit 
his pay. 

34. A school board can not compel a teacher to make up time lost 
during the time a school was closed because of the prevalence of a con- 
tagious disease; Provided, Said teacher holds himself in readiness to 
teach, subject to the order of the board. 

35. A teacher can draw her wages during the time that a school 
is closed on account of an epidemic. 

36. A teacher is not entitled to receive pay for the time lost while 
attending a teacher's examination. 

37. If the directors authorize the use of the school house for elec- 
tion purposes, the teacher is entitled to pay for time thereby lost. 

204 



TEACHERS. §193 

38. If a teacher is ready to begin school at the time specified in his 
engagement, and owing to neglect of duty on the part of the school 
board, can not do so, he is not compelled to make up the time thus lost, 
but is entitled to his salary from the time specified in such engagement, 

39. If, with the consent of the directors a teacher holds school on 
a legal holiday to make up for a day lost, the teacher is entitled to pay 
for the full month. 

40. There is no law authorizing a teacher to draw his salary for 
two weeks spent in attending the normal institute. 

41. The board of directors has no right to deduct from a teacher's 
salary for legal holidays occurring during the school term. 

42. If the board of directors closes the term of school before the 
expiration of the time contracted for, the teacher being ready to fulfill 
his part of the contract, the board is liable for the teacher's salary foi' 
the full term agreed upon. 

43. A teacher may collect salary to the amount of actual damage 
suffered by the failure of the board of directors to fulfill its part of the 
contract. 

44. A teacher may collect salary for the number of months speci- 
fied in the contract entered into with the board of directors of the school 
district where he teaches; Provided, The directors have not contracted 
with the teacher to pay wages in excess of the revenues for the year. 

45. Under a written contract with a school board to teach a statecE 
length of time, a teacher is entitled to compensation for the full time, 
although the school should lapse by reason of the residents leaving the dis- 
trict; Provided, The teacher has fulfilled her part of the contract and ex- 
presses her willingness to complete the requirements of her agreement. 
The school board should have taken into consideration the possibility of 
such an event at the time the contract was made. 

46. To be entitled to his salary for the day, the teacher shouM 
remain in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in attend- 
ance. 

47. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
for what they are worth. It would not be proper for the board to sim- 
ply supplement, by an additional warrant, the shrinkage of irregular 
warrants on account of the discount in the market. The deficit may be 
made good by the board, at a regular meeting, voting to advance the 
salary so as to cover the shrinkage in value of the depreciated warrants- 

48. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

49. Where a county superintendent calls a county institute or teach-- 
ers' association, he has not the right to rule that the district must pay 
the teacher for the same, as if she had taught school, although the schooil 
boards would have the right to give the teacher such a day and pay her" 
for it upon the request of the county superintendent. The right in the-' 
matter rests with the district board. 

50. The law makes no provision concerning a secretary sending a 
teacher her warrant, but it would be advisable for the members of the 
board to sign these warrants at their meeting and send the same to the 
teacher. 

Employment. 

51. Since the law gives the board the right to employ and discharge 
teachers and to fix and order paid their wages, the electors of the dis- 
trict could have no voice in the matter, and while the patrons of the 
school would have a right to circulate a petition requesting the board 
to engage a certain teacher, the board would have the right to ignore the 
petition if they desired to do so. 

205 



§193 TEACHERS. 

52. It is absolutely illegal for the members of a school board to 
appoint a teacher at any time or in any way save through the action of 
a majority of the board at a regularly called meeting of which all the 
members have had due notice. 

53. A school board has the absolute right to engage the teacher, or 
teachers, for the school district. The fact that a majority of the tax- 
payers sign a petition making a protest against the selection made by 
the board can not in any way affect the legal right or the action of the 
board in the matter of the appointment of a teacher. 

54. One member of a school board can not legally employ a teacher 
except when ordered to do so by board or at a regular or special meeting. 

55. If a misunderstanding occurs as to the employment of a teacher 
and two of the board refuse to enter into a contract with the teacher 
who was chosen by the other member, the teacher could not legally claim 
her appointment. 

56. In case a summer school is to begin in a district, either before 
or on the day upon which the annual election is held, it would be legal 
for a board to engage a teacher for such a school. 

57. It is illegal to employ a school teacher save at a regularly 
called meeting, of which due notice was given to every member of the 
board. It is also illegal to transact any business save at such duly called 
meetings. 

Special su'bjects reqttired. 

58. A school board would have the right to require work above the 
eighth grade to be done, providing there was nothing in the contract 
made with the teacher which Would give her the right to object to doing 
such work. 

59. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, 
a special certificate covering the high school branches must be obtained 
by the applicant who expects to teach in a county high school. 

60. It is the duty of the teacher to teach whatever branches may 
be specified by the school board, since that body is given the right to 
establish a course of study for the school of its district. If the teacher 
has failed to teach the branches requested by the board, it would prob- 
ably not be sufiicient reason for the board's refusing to sign the warrant 
for her services as teacher for the time she has been employed in the 
school, yet it is possible that it might be held as sufficient grounds for 
the dismissal of said teacher. 

61. School boards have authority to employ special teachers for 
special branches, but such teachers must have valid certificates in order 
to entitle them to be paid from the school funds, even though such teach- 
ing is done outside of regular school hours. 

62. If a teacher has been employed to teach a certain department 
of a school, the school board would not have the right to close another 
department and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

63. A teacher can not be required to teach instrumental music in 
a school, as the branch is not one included in the requirements of a com- 
mon school course. 

Dismissal. 

64. A school board may dismiss a teacher for incompetency or im- 
morality. A county superintendent may revoke a certificate of any kind 
at any time for immorality, incompetency or any just cause. 

206 



TEACHERS. §193 

65. The laws of this state make it impossible for a school board to 
discharge a teacher without some cause that would be considered in the 
court a sufficient reason for breaking the contract between the teacher 
and the school board. Incompetency, immorality, drunkenness, etc., are 
the reasons that have been held sufficient. 

66. A teacher can not be legally dismissed before the expiration of 
the time for which she is engaged "without good cause shown," and if 
so dismissed she can collect full salary; Provided. She holds herself in 
readiness to fulfill her part of the contract. 

67. Two members of a school board have the right to dismiss a 
teacher, providing their action is taken at a regular or special meeting 
of which all members of the board have notice. But a teacher having a 
contract with the board can not be dismissed without good cause for such 
action being shown. 

68. A teacher can not be legally dismissed before the expiration of 
the time for which he is engaged, without good cause shown, unless there 
is a clause in the contract making provision for such contingency. 

69. Section 193, school laws of Colorado, contains the following 
statement as the closing sentence. 

"No teacher shall be dismissed without cause shown, and such 
teacher shall be entitled to receive pay for services rendered. At the top 
of page SO, Seventh Biennial Report of the superintendent of public in- 
struction, an official decision states 'that a teacher can not be legally dis- 
missed before the expiration of the time for which she is engaged, with- 
out good cause shown,' and if so dismissed she can collect full salary, 
provided she holds herself in readiness to fulfill her part of the contract."^ 
The following is the decision of the Supreme Coui't of Michigan (April 
30, 1880) in the case of Dewey vs. Union School District: "If the school 
board closes the school during the term because of the prevalence of a 
contagious disease, the teacher does not lose his pay, unless he consents 
to lose it, provided he holds himself in readiness to teach subject to the 
order of the board. There may be a condition of things which makes it 
eminently expedient and prudent to stop the schools, but no rule of justice 
will entitle the district to visit its misfortune upon the teacher who had 
no agency in bringing it about." (Dewey vs. District, 42 Michigan, 480.) 
It will thus be seen that the official decision of this department contained 
in the Seventh Biennial Report is sustained by the highest judicial au- 
thority in the state of Michigan. 

70. The school board has in its power to dismiss a teacher for 
incompetency or immorality. But according to section 193, last clause, 
school law of Colorado: "No teacher shall be dismissed without good 
cause shown, and such teacher shall be entitled to receive pay for services 
rendered." In order to make good charges of immorality specific acts 
must be declared and supported by affidavits of witnesses. The possession 
of a proper certificate of qualification is prima facie evidence of compe- 
tency and fitness. The law provides that a county superintendent "may 
revoke certificate of any grade at any time for immorality, incompetency 
or any other just cause." If satisfied that the charges can be sustained 
by proof, the proper course for the board is to bring the matter to the 
attention of the county superintendent, with a request that he make use 
of the power granted him by the law. 

71. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of 
a district would not be lawful reason for revoldng a certificate, unless 
fraud of some kind could be shown. 

72. If a teacher employed in the schools is incompetent to give 
instruction in any of the subjects provided in the course of study for that 
district, the board of directors would have cause for discharging such 
teacher. 

207 



§193 TEACHERS. 

73. In order to make good charges of immorality or incompetency, 
specific acts must be declared and supported by affidavits or witnesses. If 
satisfied that the charges can be sustained by proof the proper course for 
the board is to bring the matter to the attention of the county superin- 
tendent, with the request that he use the power granted him by law. 

Expiration of certificate. 

74. A teacher can not legally teach two months after her certificate 
has expired. In case of the employment of a teacher under such condi- 
tions, any elector could make legal objection to her receiving payment 
from the school funds, and a school board responsible for the payment 
of her wages under such conditions would be liable for the amount of 
the wages. 

75. It is not legal for a school board to engage a teacher who has 
no certificate, or whose certificate has expired, permitting her to open a 
school, except under the provisions of the law permitting a teacher to 
teach one month after the expiration of her certificate. The school board 
is personally liable for her wages under such circumstances. 

76. "Permission to teach one month after the expiration of certifi- 
cate" is for the purpose of providing against closing the school in case 
of the failure of the teacher to obtain, certificate at the last county exami- 
nation. 

Certificate — endorsement of. 

77. The time for which an endorsed certificate is good is simply 
that specified by the endorsement. Section 193 applies to such cases, ex- 
cepting that the teacher does not have the right to take advantage of the 
one month provision. 

Authority over pupils. 

78. Respecting the jurisdiction of teachers over pupils on their way 
to and from school, it has been recognized that the authority over pupils 
is joint and equal with that of the parent. However, authority over pupils 
when not on the school premises should be confined to protecting and 
promoting the welfare of the school. The teacher should seek the co- 
operation of the parent, if possible, in the government of a child to and 
from school, for the sake of avoiding unnecessary friction. 

Pupils— admittance to grade. 

79. A school board has the right to make the regulations concern- 
ing the admittance of pupils to a certain grade of the school when the 
fall term commences, said pupils having failed to pass the examination 
given in the spring, and also to authorize the principal to make such 
rules and regulations and to enforce them as if made by the board as a 
body. 

Janitor work not required of teacher. 

80. A teacher is not required to do janitor work in this state unless 
the contract into which he has entered with the district board distinctly 
states that such be the case. 

; Married women may teach. 

SI. "While the law does not state that married women living with 
their husbands shall be allowed to teach, there is no law prohibiting any 
person eighteen years of age, who can obtain a certificate, from teaching, 
save when a member of the school board. 

208 



TEACHERS. §194 

Relatives of directors may teach. 

82. The laws of Colorado do not make it illegal for members of 
school boards to vote for relatives of any degree as teachers. 

83. The fact that a parent is a director upon the school board would 
not prevent a daughter who has a legally issued certificate from being 
eligible to a position as teacher in the district. 

Husband and wife teach in same school. 

84. The laws of Colorado do not in any way prohibit a husband 
and wife from teaching in the same school. 



194. Teachers to keep register — statistics — blanks. 

It shall be the duty of the teacher of every public school in 
this state to keep, in a neat and businesslike manner, a daily 
register in such form and upon such blanks as shall be prepared 
by the superintendent of public instruction. At the close of 
each term of school, not to exceed four months, the teacher shall 
file the summary in such register, and, in ungraded schools, file 
the register with the secretary of the district, who shall preserve 
the same; in graded schools the register aforesaid shall be filed 
with the principal or superintendent of the district, in which 
case said principal or superintendent shall make an abstract of 
the summaries of all such registers upon blanks prepared by the 
superintendent of public instruction, and file the same with the 
secretary, which shall also be preserved. The teacher, principal 
or superintendent, as the case may be, who is in charge of the 
last term of school in any school year, shall file with the secre- 
tary a summary of the statistics for the year, as shown by the 
summarized reports of all the terms during the year. The prin- 
cipal teacher of every public school, within one week after the 
beginning of each term, shall notify the county superintendent of 
the date of such beginning and the proposed length of the term. 
Nothing in this section shall be construed to prohibit any district 
board from requiring teachers, principals and superintendents to 
keep any additional registers and records of statistics which 
such board may deem desirable. Until the registers, summaries 
and abstracts herein above described have been filed as aforesaid, 
it shall be unlawful for the officers of any district to draw a war- 
rant for the last month's salary of any teacher, principal or su- 
perintendent whose duty it is to make and file such register, 
summary or abstract. All blanks required in the execution of 
this section shall be supplied by the superintendent of public 
instruction to county superintendents, and by them to district 
secretaries. [M. A. S., 4025.] 

Forfeiture of salary upon failure to make report. 

1. Teachers should submit records of statistics or summaries as re- 
quired, and unless they are duly filed, they can not draw the last month's 
salary. 

209 



§194 TEACHERS. 

2. No part of the last month's salary of a teacher should be paid 
until the reports required by law are made and filed according to specifi- 
cations. 

3. In a district where there are two schools, the district teachers 
should send in separate reports to the county superintendent and secre- 
tary. 

4. It is the duty of every teacher to keep a daily register and at 
the close of each term of school, not to exceed four months, fill the sum- 
mary in such register, and, in ungraded schools file the register with the 
secretary of the district, who shall preserve the same. 



Jurisdiction of teacher. 

5. A teacher has no power to suspend pupils permanently, but can 
suspend them temporarily until the matter can be called to the attention 
of the board. 

6. In the absence of any rules and regulations prescribed for the 
government of the schools by the board of directors, it is within the 
power of the teacher to make such reasonable rales and regulations, and 
to enforce them, in the same manner, subject always to the supervision 
of the board of directors. 

7. A teacher haB a right to compel the pupils in the respective 
grades to take all the studies prescribed for that grade, unless rules of 
the school board are in existence which would excuse a pupil for valid 
reasons. 

8. It is the teacher's right to establish any regulations for the 
discipline of the school that are not in conflict with the already estab- 
lished rules of the school board. 

9. When a pupil leaves school, taking his books with him, it being 
understood that he has permanently left the school, his name should be 
immediately dropped, instead of being counted as a member for three 
days after his departure. 

10. The teacher of a public school has control to a reasonable extent 
of a child during school hours and while on the school grounds. A child 
would not have the right to leave the school grounds after he has reached 
the school in the morning or to leave the grounds at noon if he did not 
go to his home at noon, but remained in the school house. 

11. Respecting the jurisdiction of teachers over pupils on their 
way to and from school, it may be stated that the legal decisions in the 
majority of states recognize the authority of the teacher as concurrent — 
that is, joint and equal — with that of the parents. In some states, de- 
cisions have been made which give the school authorities some control 
over pupils and their conduct after they have reached home fi-om school. 
However, authority over pupils when not on the school premises should 
be confined to protecting and promoting the welfare of the school. Such 
acts only as directly affect harmfully the discipline and teaching of the 
school should be taken cognizance of. For example, truancy, wilful tardi- 
ness, quarreling v,^ith other children, the use of indecent and profane 
language, etc. The teacher should seek the co-operation of the parent, if 
possible, in such matters, for the sake of avoiding unnecessary friction. 

12. "It has been ruled that a teacher has no power to suspend 
pupils and that the board can not delegate to the teacher its statutory 
power in that matter. It would be proper to assume that the teacher 
has the power to temporarily suspend, long enough for the matter to 
be called to the attention of the district board. It would also seem proper 
to say that the board may act entirely upon the recommendation of the 
superintendent in regard to suspension and expulsion, but the act of 
suspension must be the act of the board." 

210 



TEACHERS. §194 

Duties. 

13. It is the duty of the teacher to teach high school studies when 
such studies are prescribed by the board of directors as a part of the 
course of study. 

14. A school board has a legal right to require such qualifications 
of teachers as seem to them to be for the best interests of the school; 
PrQvided, Such qualifications do not conflict with those required by the 
state. 

15. The authority conferred on boards of directors by the school 
law of Colorado (section SI), "to fix the course of study, the exercises and 
the kind of text books to be used," make applicable the decision of the 
Supreme Court of Ohio. A teacher can not safely disregard in such a 
matter the request of the board. 

16. The teacher has a right to her hour's intermission at noon, pro- 
viding she teaches the requisite six hours through the day. She is re- 
quired to teach school from 9 a. m. until 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

, Special teacher. 

17. The law makes no provision whereby the board of directors of 
a district can appropriate school money to pay a special teacher for the 
pupils of said district who are unable to attend the regular school. 

Directors power over teacher and pupils. 

18. Under the constitution and laws of this state the board of di- 
rectors of any district have power to establish reasonable rules and 
regulations for the government of the schools under their charge, for 
controlling the conduct of teachers and pupils, not only while in the 
school room, but while going to and from the school, and such reasonable 
rules and regulations may be enforced by suspension, expulsion or corpo- 
ral punishment, as the board of directors may determine. 

Dismissal. 

19. In order to make good charges of immorality or incompetency, 
specific acts must be declared and supported by afiidavits or witnesses. 
If satisfied that the charges can be sustained by proof, the proper course 
for the board is to bring the matter to the attention of the county super- 
intendent, with the request that he use the power granted him by law. 

Physician's certificate not required. 

20. There is no law requiring a teacher to have a physician's certifi 
cate of good health. This matter is governed by the board of directors. 

Unaccepted papers from another county. 

21. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter 
of comity and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 



211 



TRUANT SCHOOLS. 



195. Truant schools to be established — in what cities. 

That iu cities having a population of 100,000 inhabitants 
or more, there shall be established, maintained and conducted 
within two years from the date of taking effect of this act, one 
or more parental or truant schools for the purpose of affording 
a place of confinement, discipline, instruction and maintenance 
of children of compulsory school age who may be committed 
thereto in the manner hereinafter provided. [3 Mills (Kev.), 
4015h.] 

196. Sites — location — furniture — fixtures — no increase of levy. 

For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented 
in the same manner as is provided for in the case of public 
schools in such cities; but no such school shall be located at or 
near any penal institution. 

And it shall be the duty of the board of education to furnish 
such schools with such furniture, fixtures, apparatus and pro- 
visions as may be necessary for the maintenance and operation 
thereof; Provided, That nothing in this act shall be construed 
to permit an increase of the levy for school purposes beyond the 
limit fixed by law. [3 Mills (Rev.), 40151.] 

197. Officers — course of instruction. 

The board of education may also employ a superintendent 
and all other necessary officers, agents and teachers; and shall 
prescribe the methods of discipline and the course of instruc- 
tion; and shall exercise the same powers and perform the same 
duties as is prescribed by law for the management of other 
schools. [3 Mills (Rev.), 4015j.] 

198. No religious instruction in school — religious training. 

No religious instruction shall be given in such school, ex- 
cept such as is allowed by law to be given in pubic schools; but 
the board of education shall make suitable regulation so that 
the inmates may receive religious training in accordance with 
the belief of the parents of such children, either by allowing 
religious services to be held in the institution or by arranging 
for attendance at public service elsewhere. [3 Mills (Rev.), 
4015k.] 

212 



TRUANT SCHOOLS. §§199-200 

Directors determine use of Bible in school. 

1. Neither the constitution of the state nor the statutes touch 
directly the reading of the Bible or prayer or any other form of relig- 
ious or devotional exercises, except to forbid that observance or partici- 
pation shall be compulsory. The spirit of the constitution permits re- 
ligious exercises in school if nothing sectarian is introduced and the 
trustees do not object. The laws of the different states bearing on this 
point differ. In Iowa "neither the electors, the board of directors nor 
the sub-directors can exclude the Bible from any school in the state." 
In Missouri, on the other hand, "directors may compel the reading of 
the Bible." In Dakota "the Bible may be read in school not to exceed 
ten minutes daily, without sectarian comment." In 1869 the Cincinnati 
board of education forbade the reading of the Bible in the public schools 
of that city. An appeal was taken to the courts, and in 1870 the Superior 
Court of Cincinnati decided against the board of education. In 1873 
the Supreme Court of Ohio reversed this judgment and sustained the 
board of education. In delivering their opinion the judges "held that 
the management of the public schools being under the exclusive control 
of directors, trustees and boards of education." It rested with them solely 
to detei'mine "what instruction should be given and what books should 
be read therein." 

2. The law of Colorado does not specify concerning the reading of 
the Bible in the public schools, the school boards of the state having the 
right to specify as to what shall be the practice in the matter. 

199. Habitual truant — petition to county court. 

It shall be the duty of any truant officer or agent of such 
board of education to petition, and any reputable citizen of the 
city may petition the county court of the county to inquire into 
the case of any child of compulsory school age who is not at- 
tending school, or who has been guilty of habitual truancy, or 
of persistent violation of the rules of the public schools, and 
the petition shall also state the names, if known, of the father 
and mother of such child, or the survivor of them; and if neither 
father nor mother of such child is living, or can not be found 
in the county, or if their names can not be ascertained, then 
the name of the guardian, if there be one known, and if there 
be a parent living whose name can be ascertained, or a guardian, 
the petition shall show whether or not the father or mother or 
guardian consents to the commitment of such child to such pa- 
rental or truant school. Such petition shall be verified by oath 
upon the belief of the petitioner, and upon being filed, the judge 
of the county court shall have such child named in the petition 
brought before him for the purpose of determining the applica- 
tion in said petition contained. But no child shall be commit- 
ted to such school who has ever been convicted of any offense 
punishable bv confinement in any penal institution. [3 Mills 
(Kev.), 40151.'] 

200. Hearing — commitment — notice to parent. 

Upon the filing of such petition the Qlevk of the court shall 
issue a Avrit to the truancy officer of the district, directing him 

213 



§§201-202-203 TRUANT SCHOOLS. 

to bring sucli child before the court; if the court shall find the 
material facts set forth in the petition are true, and if in the 
opinion of the court such child is a fit person to be committed 
to such parental or truant school, to be kept there until he or 
she arrives at the age of fourteen years, unless sooner dis- 
charged in the manner hereinafter set forth, subject to the right 
of appeal as in cases of misdemeanor in th6 county courts. 
Before the hearing aforesaid, notice in writing shall be given 
to the parent or guardian of such child, if known, of the pro- 
ceedings about to be instituted, that he or she may appear and 
resist the same, if they so desire. [3 Mills (Rev.), 4015m.] 

201. Parent or guardian pay maintenance. 

It shall be the duty of the parent or guardian of any child 
committed to this school to pay the actual cost of board of such 
child and provide suitable clothing upon his or her entry into 
such school, and from time to time thereafter as it may be 
needed, upon notice in writing from the superintendent or other 
proper officer of the school. In case any parent or guardian 
shall refuse or neglect to furnish such clothing or pay for such 
board, the same may be provided by the board of education, 
and such board may have an action against such parent or 
guardian of said child to recover the cost of such clothing and 
board, with 10 per cent, additional thereto. [3 Mills (Rev.), 
4015n.] 

202. Board of education establish regulations for parole. 

The board of education of such city shall have power to 
establish rules and regulations under which children committed 
to such parental or truant school may be allowed to return 
home upon parole, but to remain while upon parole in the legal 
custody and under control of the officer and agents of such 
school and subject at any time to be taken back within the 
enclosure of such school by the superintendent or any author- 
ized officer of said school, except as hereinafter provided; and 
full power to enforce such rules and regulations to retake any 
such child so upon parole is hereby conferred upon said board 
of education. No child shall be released upon parole in less 
than four weeks from the time of his or her commitment, nor 
thereafter until the superintendent of such parental or truant 
school shall have become satisfied from the conduct of such 
child that, if paroled, he or she will attend regularly the public 
or private school to which he or she may be sent by his or her 
parents or guardians, and shall so certify to the board of educa- 
tion. [3 Mills (Rev.), 4015o.] 

203. Monthly report — discharge — recommitment. 

It shall be the duty of the principal or other person having 
charge of the school to which such child so released on parole 

214 



TRUANT SCHOOLS. ■ §§204-205-206 

may be seut. to report at least once each month to the superin- 
tendent of the parental or truant school, stating whether or not 
such child attends school regularly, and obeys the rules and 
regulations of such school; and if such child so released upon 
parole shall be regular in his or her attendance at school, and 
his or her conduct as pupil shall be satisfactory for a period of 
one year from date, on which he or she was released upon parole, 
he or she shall then be finally discharged from the parental or 
truant school, and shall not be recommitted thereto, except 
upon petition as hereinbefore provided. [3 Mills (Rev.), 4015p.] 

204. Violation of parole — penalty — second parole. 

In case any child released from school upon parole, as here- 
inbefore provided, shall violate the conditions of his or her 
parole at any time within one year thereafter, he or she shall, 
upon the order of the county court, as hereinbefore provided, 
be taken back to such parental or truant school, and shall not 
be again released upon parole within the period of three months 
from the date of such re-entering; and if he or she shall violate 
the conditions of a second parole, he or she shall be recom- 
mitted to such parental or truant school, and shall not be 
released therefrom on parole, until he or she shall remain in 
such school at least one year. [3 Mills (Rev.), 4015q.] 



205. Incorrigible — committed to reformatory. 

In any case where a child is incorrigible and his or her 
influence in such school shall be detrimental to the interests of 
the other pupils, the board of education may authorize the 
superintendent or any oflScer of the school to represent these 
facts to the county court by petition; and the court shall have 
power to commit said child to some juvenile reformatory. 
[3 Mills (Rev.), 4015r.] 



206. Established in cities over 25,000, under 100,000. 

The boards of education in cities having a population of 
over 25,000, and less than 100,000, may establish, maintain and 
operate a parental or truant school for the purpose herein- 
before specified, and in case of the establishment of such a 
school, the boards of education shall have like power in their 
respective cities as hereinbefore expressed; Provided, That no 
board of trustees or board of education under this section shall 
put this law into effect until submitted to a vote of the people 
and adopted by a majority vote at some general election, in 
which case school districts in the same municipality may unite 
in the establishment and maintenance of one such truancy 
.school. [3 Mills (Rev.), 4015s.] 

215 



APPENDIX 



Forms for the use of School Officers 
and Teachers 



NO. 1. OATH OF SCHOOL OFFICERS. 

(See Sees. 42, 52 and 70.) 

State of Colorado, ( 
County of ( 

I , do solemnly swear (or affirm) that I will 

faithfully perform the duties of of school district 

No . , in the county of to the best of my skill 

and ability; and that I will carefully keep and preserve all rec- 
ords, books and other property of the said district that may 
come into my hands, and deliver the same to my lawful succes- 
sor in office; and, further, that I will support the constitution 
of the United States and constitution of this state, and the 
laws of this state, made in pursuance hereof; so help me God. 
C D [Seal] 

Subscribed and sworn to before me this day 

of 190... 

E F 



Remarks— The foregoing oath should be taken before a county su- 
perintendent, notary public, justice of the peace, or some officer duly 
authorized by law to administer oaths. The county superintendent's 
oath should be filed with the county clerk within thirty days after his 
election, and the oath of district officers should be filed with the county 
superintendent within thirty days after their election. 



NO. 2. COUNTY SUPERINTENDENT'S BOND. 

(See Sec. 42.) 

Know all men by these presents, That we. A 

B C I) , and E 

F , of the county of , and state of Col- 

219 



APPENDIX— FORMS. 

orado, are held and firmly bound unto the people of the state 
of Colorado, in the full and just sum of dollars, law- 
ful money of the United States, to which payment, well and 
truly to be made, we bind ourselves jointly and severally, our 
joint and several heirs, executors and administrators, firmly by 
these presents. 

In witness Whereof, We have hereunto set our hands and 
seals this day of , A. D. 190 . . . 

The condition of the foregoing obligation is such. That, 

whereas, the above bounden A B was, 

on the .... day of , A. D. 190. . ., duly elected (or 

appointed, if that be the case) county superintendent of schools 
of the county aforesaid, for the term of ; 

Now, therefore, if the said A B 

shall faithfully perform all the duties of said ofiice, according 
to the laws which now are, or may hereafter be in force, and 
shall render a just and true account of all money or other prop- 
erty which may come into his hands or under his control as su- 
perintendent of the schools of said county, and shall deliver 
over to his successor in office all moneys, books, papers and 
property in his hands as such county superintendent, then this 
obligation shall be void; otherwise it shall remain in full force. 

A B... [Seal] 

C D [Seal] 

E F [Seal] 

Signed, sealed and delivered in the presence of 

L M 

O P 



Remarks — The penal sum named in the bond is to be fixed by the 
board of county commissioners, but in no case shall the sum be less 
than ?2,000. 



NO. 3. PETITION OF PARENTS AND GUARDIANS WHO DESIRE TO 

FORM A NEW DISTRICT FROM PARTS OF ONE 

OR MORE OLD ONES. 

(See Sec. 85.) 

To 

County Superintendent of Schools, County : 

We, the undersigned, residents of district (or districts) 

No , respectfully represent that we desire to form a new 

district, with boundaries as follows, viz. : [Here describe the pro- 
posed bounds, following government lines as far as practicable.] 

220 



APPENDIX— FORMS. 

We further declare that, collectively, we are the parents or guar- 
dians of at least ten children of school age, and we hereby cer- 
tify that the list of names of persons of school age which is at- 
tached to and made a part of this petition, is a correct list of all 
such persons residing in the proposed district. 



NAME. 



NAME. 



NAMES OF PERSONS OF SCHOOL AGE. 



Remarks — Give postofRce address of some or all signers. The list 
of children should be carefully filled up by some person interested in 
the change before the paper is circulated for signatures. 



NO. 4. ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF 
MEETING TO FORM NEW DISTRICT. 

(See Sec. 85.) 

Office of 
County Superintendent of Schools, 
County, Colorado. 

To C D : 

You are hereby notified that I have received a petition 
signed by yourself and others, informing me that you desire to 
form a new school district of the territory described as follows, 
to-wit: [Description as above.] In order that the wishes of 
the residents of said proposed district may be ascertained, you 

221 



APPENDIX— FORMS. 

will please notify, by personal service as far as convenient, each 
elector residing therein, and also post notices in three public 
places (one of which shall be the place of meeting) that such 
a petition has been made, and that a meeting will be held, nam- 
ing the time and place of such meeting, to determine whether 
such district shall be formed. You will, also, please notify me 
b}' mail of the time and place of such meeting. 

Respectfull}^ yours. 



County Superintendent. 



Remarks — In the formation of a new district, every step should be 
strictlj^ in accordance with the law. 

The notices posted should contain a clear description of the pro- 
posed district. 



NO. 5. NOTICE FOR A MEETING TO ORGANIZE A NEW DISTRICT. 

SCHOOL DISTRICT MEETING. 
To all whom it may concern: 

Whereas, It is proposed to organize a new school district in 

that part of County described as follows, 

to-wit: [Description.] Notice is hereby given, as per direction 
of the county superintendent of public schools of said county, 
that a meeting of the electors residing within the bound- 
aries aforesaid will be held at on the day 

of , A. D. 190. . ., at o'clock 

. . . .m., when a vote will be taken by ballot, on the question 
whether or not the proposed district shall be organized. If the 
vote shall be in the affirmative, a board of directors will then 
be elected. 

By order of County Superin- 
tendent of Schools. 

C D 

Dated 190... 



Remarks — After the organization, a copy of the notice and of the 
proceedings of the meeting should be sent to the county superintendent. 

The ballot box should be kept open long enough to give every 
elector an opportunity to vote — never less than three hours. 

If the proceedings were in accordance with the law, the county 
superintendent should number and record the district, and notify the 
secretary of his action. 

222 



APPENDIX— FORMS. 

NO. 6. BOND TO BE GIVEN BY THE SECRETARY OR TREASURER 
OF EACH SCHOOL DISTRICT. 

(See Sec. 70.) 

State of Colorado, ( 
County of f 

Know all men by these presents, That we, A 

B , principal, and C , D , 

and E F , sureties, are held and firmly 

bound unto School District No , in the County 

of , state of Colorado, in the full sum 

of dollars, lawful money of the United 

State, to which payment, well and truly to be made, we bind 
ourselves jointly and severally, our joint and several heirs, exe- 
cutors and administrators, firmly by these presents. 

In witness Whereof, We have hereunto set our hands and 

seals this da v of , A. D. 

190... 

The condition of the foregoing obligation is such, That, 

whereas, the above bouuden A B was, 

on the day of . A. D. 190. . ., 

duly elected (or appointed) Secretary (or Treasurer) of School 

District No in the county of , and state 

of Colorado, for the term of 

Now, therefore. If the said A and B 

shall faithfully discharge all the duties of said oflSce, according 
to the laws which now are, or which may hereafter be in force, 
and shall faithfully apply all moneys w^hich may come into his 
hands by virtue of said office, and shall deliver over to his suc- 
cessor in office all moneys, books, papers and property -in his 
hands as said officer, within ten days after the same shall have 
been demanded by such successor, then this obligation shall be 
void; otherwise it shll remain in full force. 

A B [Seal] 

C D [Seal] 

E F [Seal] 

Signed, sealed and delivered in presence of . • 

L M 

X Y 



Remarks — The penal sum named in the above bond should be at 
least twice the amount likely to be in the hands of the officer at any one 
time during the term of office. 

The bond must be filed with the county superintendent. 



223 



APPENDIX— FORMS. 

NO 7. REQUEST TO BE MADE BY TEN LEGAL VOTERS OF A DIS- 
TRICT TO THE BOARD OF DIRECTORS, FOR THE 
CALLING OF A SPECIAL MEETING. 

(See Sec. 72.) 

To the Board of Directors of School District No , in 

County, Colorado: 

The undersigned, legal voters of school district No , 

in County, Colorado, request you to call 

a special meeting of said district for the purpose of 

Dated this day of , A. D. 190. . . 



NAME, 



N.4.ME. 



NO. 8. NOTICE OF SPECIAL MEETING. 

(See Sees. 72 and 98.) 

Notice — A special meeting of the legal voters of School 

District No , in the county of , called on 

the written request of ten legal voters (or called by the 
district board, as the case may be), will be held at (the dis- 
trict school house or other place) on the day of 

, 190. . ., at o'clock (p. m.), 

for the purpose of (here specify every item of business that is to 
be brought before the meeting). 

A B 

Posted , 190 . . . Secretary. 

Remarks — This notice should be posted at least twenty days previ- 
ous to the meeting, in three separate public places within the district, 
and a copy furnished to the teachers of each school in the district, to be 
read once in the presence of the pupils. 

Business not specified in this notice can never be lawfully trans- 
acted at such special meeting. 



224 



APPENDIX— FORMS. 

NO. 9. NOTICE OF ANNUAL MEETING. 

(See Sec. 92.) 

Notice is hereby given, That the annual meeting of the legal 

\oters of school district No , in the county 

of , will be held (at the school house or 

other place) on IMonday, the day of May, 

11)0..., for the purpose of electing (one or more) directors, as 
provided by law. 

The ballot box will be opened at the hour of m., 

and closed at the hour of m., and at m. the 

meeting will be organized for the transiiction of any other busi- 
ness pertaining to school interests that may be brought before it. 



Secretary of School District No, 
County of . . . . 



Posted April , 190 . . . 

Remarks — The secretary of the district should give at least six 
days' previous notice of the regular meetings of the district (see section 
92), and should post the notices and furnish a copy to the teachers in 
the same manner as for special meetings. 



NO. 10. RECORDING PROCEEDINGS OF A MEETING HELD FOR 
THE PURP.OSE OF ORGANIZING A NEW SCHOOL DISTRICT. 



(See Sees. 85 and 86.) 



190. 



On the .... day of 190 . . . , a petition, of 

which the following is a true copy, was made to X 

Y county superintendent of public school of 

County, to-wit : (Here copy the petition.) Where- 
upon the said county superintendent issued an order, of which 
the following is a copy, to-wit: (Here insert copy of the order.) 
In obedience to which order the following notice was posted, 
as required by section 85 of the school law, to-wit: (Here insert 
a copy of the notice.) 

In pursuance of the above notice, the electors of the pro- 

])osed new school district assembled at at 

o'clock . . . m. The meeting Mas called to order by A 

R and, on motion, C D 

was elected chairman, and E F secre- 
tary. On motion, G H was elected to 

act with the chairman and secretary as judges of election. On 

motion of K L , the electors began to 

vote by ballot upon the question of forming a new school dis- 

8 

225 



APPENDIX— FORMS. 

trict. The ballot box remained open for the reception of votes 
from .... o'clock . . . m., until .... o'clock . . . m. Upon count- 
ing the ballots it was found that ballots were cast, of 

which were in favor of the organization and 

against. 

On motion of J K , the meeting 

proceeded to elect, by ballot, a board of directors. The follow- 
ing are the names of the persons voting : (Here record the names 
of persons voting.) The ballot resulted in the election of 

C D . . . : , president ; E F , 

secretary, and G H , treasurer, etc., etc. 

On motion of C . . . . .- D the meeting ad- 
journed sine die. 

C D , 

Chairman. 

Attest: E F , 

Secretary. 

Remarks — A copy of the pi'oceedings should be sent to the county 
superintendent, together with the certificate of some elector, that the 
notice of the meeting was posted in three public places, as required by 
law. The person who posted the notice should sign the certificate of 
posting. 

If the district is formed from unorganized territoiT, the secretary 
must send with this report a certified list of the names of persons of 
school age residing in the district. 

A permanent record of the proceedings should be made in the secre- 
tary's books. 



NO. 11. RECORDING PROCEEDINGS OF A REGULAR OR SPECIAL 
MEETING OF THE DISTRICT. 

The regular (or special, as the case may be) meeting of school 

district No , in county, Colorado, convened 

at , at .... o'clock (p. m.), pursuant to previous 

notice given by the district secretary. 

The meeting was called to order by the president. 

The secretary being absent, on motion of Mr. A , 

C D was elected secretary pro tem. 

Mr. S moved that a tax of two mills on the dol- 
lar be voted for the purpose of building a school house for the 
district. 

Mr. F moved to amend by striking out "two" 

and inserting "five," which ■ was agreed to, and the motion as 
amended was decided in the affirmative. 

226 



APPENDIX— FORMS. 

Mr. D moved that a tax of one mill on the dollar 

be levied for the purpose of defraying the contingent expenses 
of the district. 

Motion carried. 

On motion of Mr. F. . . the meeting adjourned sine 

die. 

L M 

President. 

Attest: C D , 

Secretary. 

Remarks— Forms 10 and 11 are given with a view of assisting the 
inexperienced. Persons familiar with such duties may vary the form, 
provided that the proceedings are accurately recorded. 

Much depends on the record of the proceedings of the district meet- 
ing; hence it should be correctly made and carefully preserved. 

Under the law, the voting of a tax for any purpose must be, in each 
year, "On or before the day designated by law for the county commis- 
sioners to levy the requisite taxes for the then ensuing year," and school 
boards certify the same to the county commissioners. 



NO. 12. COUNTY SUPERINTENDENT'S NOTICE OF APPORTION- 
MENT TO THE DISTRICT SECRETARY. 

Office of 
County Superintendent of Schools, 
County, Colorado. 

To A B , 

your district the sum of dollars, of the general school 

Secretary of School District No , 

In County: 

You are hereby notified that I have this day apportioned to 
fund, which amount has been placed to the credit of your dis- 
trict on the books of the county treasurer. 



County Superintendent. 

Remarks — This notice should be sent immediately after each appor- 
tionment. 



227 



APPENDIX— FORMS. 

NO. 13 FORM OF TEACHER'S CONTRACT WITH DISTRICT 

BOARD. 

TEACHER'S CONTRACT. 

STATE OF COLORADO. 

Date : 

M : 

At a meeting of the board of directors, held this day 

of , 190 . . . , you were appointed to teach in the 

public schools of District No for the terms beginning 

and ending with the school month of , 

at a salary of dollars (| ) per school month, 

payable monthly in warrants on the county treasurer as pro- 
vided for in sections 73 and 62, school law. 

The conditions of this appointment are, that you will faith- 
fully observe the rules and regulations adopted by the Board 
for the government of the public schools of this district; that 
you will exercise due diligence in the preservation of school 
buildings, grounds, furniture, apparatus, books and other school 
property; that you will make promptly and correctly all reports 
of the school as required by the county superintendent; that 
you will keep a correct register and file the same with the pres- 
ident or secretary of the board or the principal of the school, 
at the close of the school year as required in section 194 school 

law; that you will hold a legal certificate of the grade, 

issued or approved by the county superintendent of 

County. The board reserves the right to increase or diminish 
the number of months of school that shall be held during the 
terms for which you are emploj^ed, by giving at least fifteen days' 
notice. 

By the President 

Attest : . , Secretary. 



I hereby accept the appointment to teach in the public 

school of District No , County, on 

the conditions above stated. 

Respectfully, 

Teacher. 



228 



INDEX 



Inde: 



Note — Numbers at right refer to sections of law and constitution; 
numbers marked "d," to decisions; Roman numerals, to constitution only. 

ABSENCE— Section, 
of school officer -works vacancy 73 

ACCOUNT— 

of district funds, county treasurer render statement 60 

of each district kept separate by county treasurer 62 

of district expenses kept by secretary 75 

of warrants issued by district kept by district treasurer 78 

of fines, penalties and forfeitures 115 

ACCOUNTS— 

county treasurer keep separate with each district 62 

adjourn:ment— 

school boards — meetings of 71 

of district meetings 98 

ADMISSION— 

to county high school IS 

to union high school 134 

to public schools 154 

ADULTS— 

admitted to public schools, when 154 

AFFIDAVIT— 

on appeal to county superintendent — when filed — contents 4, 5 

in case of appeals 4, 5. 6 

of secretary to census list 56 

AGE— 

of deaf mutes included in school census 56 

of pupils in deaf and blind school 6S 

of voter at school election 93 

of children entitled to attend public school 154 

of persons in school census 74, 156 

school age defined 156 

ALCOHOLIC DRINKS AND NARCOTICS— 

nature and effects of. taught in public schools 1 

study of. require hygiene and physiologj" in schools- d. 1 1 

study of. enforced by school officers — penaltj- 2 

cigarettes— (3 Mills' Rev.. 411 a-411 b). 

effects of— taught— in public schools d. 2 153 

ANIMALS— 

humane treatment of. taught in public schools 153. 

231 



INDEX. 

ANNEXATION— Section, 
of territory to district 87 

ANNUAL. MEETING— 

for election of members of school board 92 

of state board of education 158 

ANNUAL REPORT— 

of county superintendent to state superintendent 50 

of county treasurer 60 

of district secretary to county superintendent 75 

of district treasurer 78 

of school board to county superintendent 81 

of teacher 194 

APPEAL— 

from district board to county superintendent 3 

affidavit , 4 

contents of affidavit 5 

superintendent notify secretary — transcript 6 

notice to parties 7 

hearing- appeal— oaths 8 

by applicant for certificate to state board 9 

from county superintendent to state board— procedure 9 

taken within thirty days — transcript 9 

president of board may administer oath on 9 

decision of board final on 9 

when, how and by whom taken d. 1-5 9 

from grading examination papers d. 6-8 9 

may continue school during pendency of d. 9 9 

state board may order certificate issued d. 10 9 

from change of boundary d. 11 9 

no judgment for money 10 

to state board of education by teacher 24 

from county superintendent holding child not instructed at home 31 

APPEALS— 

hearing — oaths 8 

APPOINTMENTS- 

of county superintendent in case of vacancy 44 

of district director by county superintendent 48, 54 

by board in first-class districts 80 

of judges and clerks of election in first-class districts 92 

of members of high school committee 133 

APPORTIONMENT— 

of general fund— when no report and census list filed 77 

of state normal institute fund 114 

APPORTIONMENT OF SCHOOL FUNDS— 

published 53 

by county superintendent 57 

in July — basis 58 

basis of all apportionments 58 

according to census 59 

when district fails to report census 77 

first, after the organization of new district 90 

of money from luipaid special taxes due district after division 90 

district not having three months school not entitled to 155 

to state normal school 166 

by superintendent public instruction 184 

232 



INDEX. 

ARBOR DAY— Section. 

See "Holidays." 

ASSESSOR— 

See "County Assessor." 

ASSISTANT LIBRARIAN— 
See "Librarian." 

ATTENDANCE— 

at night scliool— equivalent to half time 30 

of pupils— stated in report of board 75 

ATTORNEY GENETIAL- 

member of state board of education IX 1 

member of state board of education 157 

BALLOT— 

at meeting- to issue bonds— form 11 

for refunding bonds — form of 23 

election of school directors by ■ 92 

BIBLE— 

no sectarian tenets taught in school IX 8 

directors deterrnine use of, in school d. 1-2 IX S 

no religious instruction in public school 19S 

decisions of court in regard to d. 1-2 198 

BIENNIAL REPORT— 

of superintendent of public instruction IV 17 

of board of examiners 160 

of superintendent of public instruction 183 

BLIND— 

See "Deaf and Blind." 

BLANK BOOKS— 
See "Books." 
superintendent public instruction print and furnish teachers and others... 1S2 

BLANK FORMS— 
See "Forms." 

BLANKS— 

for reports, supplied by superintendent public instruction 194 

BOARD OF COUNTY COMMISSIONERS— 
See "County Commissioners." 

BOARD OF DIRECTORS— 
See "Directors." 

BOARD OF EDUCATION— 

See "State Board of Education." 

BOARD OP LAND COMMISSIONERS- 
See "State Land Board." 

233 



INDEX. 

BOND— Section. 

of county superintendent— amount— approval — filing 42 

of secretary of school board— conditions— approval— filing 74 

of state superintendent— amount— approval— where deposited 180 

BONDS— 

question of bonds submitted to voters ll 

limitation of bonded debt 11 

meeting for voting bonds for school buildings 11 

for purchasing ground 11 

for funding debt 11 

only taxpayers vote 11 

by whom issued— when redeemable— interest— where payable 11 

petition for meeting — notice — number voters necessary d. 1-6 11 

qualifications for voting on bonds d. 7-16 11 

county high school can vote bonds d. 17 11 

maximum amount issued d. 18-24 11 

purposes for which bonds can not be voted d. 25 11 

certificates of indebtedness considered loan d. 26 11 

ballot box — when opened ' d. 27 11 

registry of bonds— recorder's duty 12 

special tax — treasurer's duty — county board — cancellation 13 

surplus fund may be applied on d. 1 13 

issued under territorial laws — redemption of — premium 13, 14 

U. S. and state — purchased by district treasurer 14, 15 

how kept— proceeds interest coupons — sale 14, 15 

change of boundary, not release property from taxes 16 

annexed property liable to tax for bonds 16 

lands not subject to tax d. 1 16 

land subject to tax d. 2-3 16 

county treasurer' s fees 17 

how executed — countersigned 18 

repeal 19 

directors refund bonded indebtedness— interest 20 

what laws apply to issue and payment — except 21 

county board levy tax— treasurer collect 22 

submission for refunding— against refunding 23 

refund of, voted upon 23 

BOOKS— 

See "Blank Books." 

used in school — stated in r ejiort of board 75 

of secretary open for inspection 76 

BOUNDARIES— 

lines of district changed— not affect bonds 16 

of school district— county superintendent make record 55 

of new district organized from old 85 

BRANCHES— 

taught, stated in report of board 75 

common— may be taught in German and Spanish, when 153 

BUILDINGS— 

bonds for erecting and furnishing school 11 

creating debt to erect or furnish 93 

general fund not used for Ill 

for district high school — directors build or lease, when 128 

for state normal school, trustees provide 179 

BY-LAWS— 

directors make 80 

234 



INDEX. 

CANCELLATION— Section, 
of district bonds ^^ 

CANDIDATE— 

for scliool director in first and second-class districts 93 

CENSUS— 

See "Scliool Census." 

CENSUS LIST— 

county superintendent examine, correct 56 

basis of apportionment for school fund 58, 59 

CERTIFICATE— 

of secretary to the record on appeal 6 

of attendance of child at school 25 

CERTIFICATES- 

state board grant to applicant upon appeal— when 9 

grades of— renewal— record 24 

first grade, life of— renewal d- 1-S 24 

renewal optional with county superintendent d. 9-12 24 

endorsement of first grade d. 13-14 24 

experience necessary for first grade d. 15-lS 24 

duplicates cl- 19-21 24 

second grade, life of d. 22 24 

second grade, experience not necessary for d. 23 24 

second grade, can not be renewed d. 24 24 

second grade, can not be changed without examination d. 25 24 

third grade, life of d. 26 24 

third grade, invalid, when d- 27-28 24 

like grade d- 29-39 24 

revocation of certificates d. 40-44 24 

college diploma not license to teach d. 45-46 24 

permits not granted d. 47-48 24 

expiration of d. 49 24 

from other counties optional d. 50 24 

appeals from county superintendent d. 51-59 24 

of first class districts d. 60-72 24 

temporary 99 

granted by county superintendent— when 99 

applicant for teacher's, pay fee 112 

state normal school diploma is— to teach 173 

expiration of, during term 193 

necessary to teach— expiration of 193 

not required— when 193 

renewal of — new 193 

CHALLENGE— 

at meeting to issue bonds H 

of vote at school election— oath 93 

CHILDREN— 

under fourteen not employed during school hours— exception 25-32 

between eight and fourteen sent to school— exception 26 

must attend school— exception ^1 

employer keep record of school attendance— failure— penalty 32 

employer furnish evidence to truant officer 33 

truant and incorrigible— juvenile disorderly persons : .... 34 

37 
commitment of ' 

school board provide books for indigent. 81 

235 



INDEX. 

CHILDREN— Continued. Section. 

of county attend union high scliool 129 

age of, to attend kindergarten 147 

CHURCH— 

appropriation to, from school fund prohibited IX 7 

CITIZEN— 

qualifications of VII 1 

wife of naturalized alien is d.l VII 1 

CLASSES— 

of school districts 69 

of counties for limiting taxation 190 

composed of what counties 191 

CLASSIFICATION- 

of counties fixing compensation of county superintendents 46 

CLERKS— 

of election appointed in first-class districts 92 

CLOTHING— 

furnished indigent children 26 

COMMITTEE- 

of union high school 129 

term of members 130 

vacancies, how filled : 130 

meetings of 131 

powers of 132 

elections of 135 

COMMON SCHOOLS— 

sections 16 and 36 of each township for support of, En. Act 7 

disposed of only by public sale. En. Act 8 

COMPENSATION— 

of county treasurer for collecting special taxes 17 

of truant officer 35 

of county superintendents 46 

of deputy county superintendents 48 

of teacher, stated in report of board 75 

of secretary school board fix 81 

none to members of board, except secretary 81 

of deputy county superintendent for holding examinations 99 

of secretary of high school committee 130 

of trustees of state normal school 175 

teacher not dismissed without receiving 193 

withheld until register is filed by teacher 194 

COMPULSORY EDUCATION— 

provisions concerning IX 11 

unlawful to employ children under 14— except 25 

penalty for employing children under 14 25 

child must be taught in English d. 1 35 

does not apply to deaf and blind d. 2 25 

of children— exception— clothing 26 

no school within two miles — children exempt 26 

applied to ages d. 1-4 26 

demands not met by teaching German d. 5 26 

236 



INDEX. 

COMPULSORY EDUCATION— Continued. Section. 

board can not pay for private instruction d. 6-8 26 

terms "year" and "court of competent jurisdiction" mean — d. 9 26 

does not prohibit being expelled d. 10 26 

failure to comply with— misdemeanor — penalty 27 

parents can not avoid law by sending child away d. 1 27 

duty of school directors to prosecute — penalty 28 

duties of directors d. 1-4 28 

funds of district used to prosecute d. 5 28 

malicious prosecution 29 

attendance at night school equivalent to half time 30 

children sent to school— exception— appeal 31 

applied to district of the first and second classes d. 1 31 

does not prohibit pupil from being expelled d. 2 31 

parents can not avoid law by sending children away d. 3 31 

demands of law not met by teaching German d. 4 31 

penalty for employing children under 14 32 

minors between 14 and 16 must read and write— duty of employer 33 

demands not met by teaching German d. 1 33 

truant— juvenile disorderly person, who is 34 

school directors must enforce law d. 1-4 34 

does not prohibit expulsion of d. 5 34 

truant officer- powers— duties— record 35 

truant officer— conviction of parent— bond— defense 36 

truant officers d. 1 36 

funds of district used to enforce d. 2 36 

commitment of juvenile disorderly person— term— expense 37 

child unable to attend school— relief 38 

violation of law— penalty 39 

second conviction— penalty— jury trial 40 

not apply to district without accommodations 41 

CONSTITUTION— 

Executive Department IV 

term of office— residence— duties— seat of government IV 1 

state officers — election — returns— canvass — contests IV 3 

eligibility— first election— thereafter— age— residence IV 4 

governor appoint officers— vacancy— election— senate confirm IV 6 

governor demands information from officers IV 8 

officers keep account of moneys— semi-annual reports IV 16 

officers executive department — biennial report— governor transmit. .IV 17 

officers receive salary — fees paid into treasury IV 19 

superintendent of public instruction, ex-ofllcio librarian IV 20 

Suffrage and Election VII 

citizenship VII 1 

wife of alien when naturalized ,. .d. 1 VII 1 

universal suffrage VII 2 

absence in civil or military service VII 4 

privilege of voters VII 5 

electors only eligible to office VII 6 

qualification of d. 1-5 VII 6 

prisoners disqualified — restoration — pardon or full service VII 10 

State Institutions VIII 

charitable institutions established VIII 1 

territorial institutions become state— transfer VIII 5 

Education IX 

board of education — members— president IX 1 

free schools — one in each district — three months., IX 2 

school fund inviolate— state treasurer custodian IX 3 

237 



INDEX. 

CONSTITUTION— Continued. Section. 

county treasurer collect and disburse — warrants IX 4 

school fund— of what consists IX 5 

when land will escheat to state and become part school fund.d. 1 IX 5 

county superintendent commissioner of lands IX 6 

aid to sectarian schools, churches forbidden IX 7 

school funds not used for teaching- sectarian doctrines d. 1 IX 7 

religious test forbidden— sectarian tenets— race — color IX 8 

directors determine use of in schools d. 1-3 IX 8 

board of land commissioners — members — powers IX 9 

public lands— location — sale— disposal IX 10 

compulsory education IX 11 

university— regents— election IX 12 

regents elect president— powers IX 13 

regents control university— funds IX 14 

school district— board of education IX 15 

text books— general assembly nor board shall prescribe IX 16 

Revenue X 

exemption— lots — buildings for worship— schools X 5 

church property not taxable— when d. 1 X 5 

corporations subject to tax X 10 

making profit on public money felony X 13 

school board can not loan district money — when d. IX 13 

Public Indebtedness XI 

lending or pledging credit of state, county, city, etc., forbidden XI 1 

aid to corporation — int. in— by state, co., city, joint ownership XI 2 

loans for school buildings— vote— qualifications XI 7 

debt incurred must be by a vote of electors d. 1 XI 7 

this article not affect prior obligations XI 9 

Offlcers XII 

embezzlement disqualifies from office XII 4 

civil officers— oath XII 8 

oath where filed- with whom XII 9 

refusal to qualify— vacancy XII 10 

vacancy — term of officer — elected to fill XII 11 

duel — challenge— disqualifies from office XII 12 

Counties XIV 

former county, county of state XIV 1 

officers— compensation XIV 7 

clerk and recorder — sheriff — coroner — treasurer — election XIV S 

vacancies — appointments — governor — county commissioners XIV 9 

elector only eligible XIV 10 

qualifications to be eligible to office d. 1 XIV 10 

not a taxpayer does not disqualify d. 2 XIV 10 

classify counties as to fees XIV 15 

qualification— ceases to be director — when d. 1 XIV 15 

CONTRACTS— 

See "Public Contracts." 

CONVICTION— 

for second violation of compulsory education law 40 

CORPORATIONS— 

taxation for school purposes X 10 

COST- 

of school stated in report of board 75 

238 



INDEX. 

COUNTIES- Section. 

counties of territory declared to be counties of state IV 1 

classified for regulating compensation IV 15 

for compensation of county superintendents 46 

classification of, for limiting rate of taxation 191 

COUNTY ASSESSORS— 

arrange tax schedules— list property on May first 188 

COUNTY CLERK— 

levy minimum rate of tax for school purposes 187 

COUNTY COMMISSIONERS— 

fill vacancy in any county office XIV 9 

levy special tax to pay interest on bonds 13 

levy tax to pay district bonds 22 

fill vacancy in office of county superintendent 44 

allow mileage to county superintendent when 46 

provide office, supplies, etc., for county superintendent 47 

levy high school tax— limit of 126 

make appropriation for normal institute— issue warrants 148 

levy county school tax— increase minimum rate— levy special tax 186 

levy special school tax for ensuing year 188 

COUNTY COURT— 

try parent or guardian of truant child 36 

commit juvenile disorderly person 37 

inquire into question of truancy on petition 199 

clerk of— issue writ 200 

commit from truant school to reformatory 205 

COUNTY OFFICERS— 

compensation of XIV 7 

election of XIV 8 

vacancy in office— how filled XIV 9 

qualifications XIV 10 

COUNTY SCHOOL TAX— 
See "Taxes." 

COUNTY SUPERINTENDENTS— 

term of office — duties — qualifications — compensation IX 6 

ex-offlcio commissioner of lands IX 6 

election of XIV 8 

vacancy in office — how filled XIV 9 

notify secretary of appeal— advise parties of hearing 6-7 

administer oaths— decision 8 

not render judgment for money 10 

keep record of examinations and applicants 24 

revoke teacher's certificate — cause for 24 

election— term— oath and bond of 42 

qualifications d. 1 42 

act till successor qualified 43 

failure to qualify — vacancy in office — appointment 44 

when office becomes vacant 45 

classification of counties to regulate salaries 46 

compensation of — office hours 47 

expenses — how paid d. 1 47 

appoint deputy — how paid 48 

deputy compensation d. 1-3 4S 

deputies and assistants — compensation ■ 49 

of first class may employ deputy— salary d. 1 49 

239 



INDEX. 

COUNTY SUPERINTENDENTS— Continued. Section. 

annual report to superintendent of public instruction 50 

penalty for failure to report 51 

administer oaths 52 

duties of county superintendent 53 

keep record of books furnished school districts 53 

public apportionment of school funds 53 

sale of school house — when void d. 1 53 

separate reports — sent to whom d. 2 53 

may teach d. 3 53 

duties d. 4-5 53 

can refuse examination papers from another county d. 6 53 

illegal expenditure of funds— protest— suit to recover d. 7 53 

accounts d. 8-10 53 

powers d. 11-16 53 

appoint directors 54 

vacancies on boards — how filled d. 1-6 54 

director must reside in district d. 7 54 

boundaries of school districts — record 55 

prepare map of school district 55 

boundaries of district d. 1-2 55 

examine and correct census list— ascertain deaf and blind 56 

residence defined d. 1-10 56 

children's residence— where d. 11-18 56 

minors' residence— where d. 19-22 56 

renters' residence— where d. 23-26 56 

retain residence — how d. 27 56 

non-resident— who d. 28 56 

apportionment county school fund 57 

certify apportionment of school fund 57 

notify district secretary of school apportionment 57 

transference of funds d. 1-2 57 

basis of apportionment of funds d. 3 58 

apportionment of school fund — basis 58 

basis of apportionment of fund d. 1 58 

apportionment 59 

apportionment— when and how made d. 1-2 59 

maintain suit against county treasurer 61 

report blind and deaf persons 68 

approve bond of treasurer— file 70 

fill vacancy caused by failure to qualify 70 

call meeting for organization of new district from old 85 

establish and number new district 86 

transfer to other districts , 86 

annex or detach territory to district 87 

annul district and annex territory 89 

extend time for opening school in new district 89 

divide funds upon formation of new district 90 

apportion moneys received from unpaid special taxes to new district 90 

hold examination of teachers 99 

collect fee from applicant for teacher's certificate 112 

forward to superintendent of pulDlic instruction 112 

look after fines— penalties and forfeitures— report 115 

call meeting of boards of directors of county 121 

member of county high school committee— secretary 121 

fill vacancy in high school committee 122 

call meeting of board to elect high school committee 129 

member of union high school committee 129 

select committee— add to teacher's standing 148 

receipt for and distribute registers and blank books 182 

certify to county commissioners to maintain school— basis cf estimate 183 

240 



INDEX. 

COUNTY TREASURER— Section. 

duties in relation to school funds of county IX 4 

election of XIV 8 

collect special tax— cash — cancel bonds 13 

compensation collecting- special taxes 17 

countersign district bonds 18 

collect taxes to pay bonds— pay to district treasurer 22 

duties of 60 

keep account of fund of each school district...'. 60 

make annual statement of school funds— to whom 60 

legal custodian of school funds d. 1-2 60 

keep account of school funds d. 3-6 60 

penalties— fines d. 7-9 60 

certify amount of tax collected and uncollected 61 

failure to pay over tax— penalty -. 61 

separate account each district — endorse warrants — pay— notice of funds... 62 

legal notice d. 1 62 

warrants d. 2-11 62 

county treasurer cancel all school orders 62a 

county treasurer render quarterly statement to school board 62b 

pay orders as registered 63 

county treasurer furnish blanks to district board 63a 

failure to publish call for payment school warrants — misdemeanor 64 

fees— school taxes 65 

transfer funds of united district 87 

retain unpaid special taxes for new district 90 

report to county superintendent amount of fines received 100 

pay high school tax on warrant 126 

endorse rate interest on school warrants 146 

custodian of normal institute fund 148 

collect county school taxes 186 

certify amount of special tax collected— arrange tax schedules 188 

COUPON— 

school district— bonds issued— cancelled 11 

COURSE OF STUDY— 

school board fix SI 

DEAF AND BLIND— 

secretary ascertain number blind and deaf 56 

Institute located at Colorado Springs 66 

body corporate— name— powers 67 

blind, deaf or mute attend — county superintendent's report — support 68 

attendance not compulsory d. 1 68 

DEBT— 

contract only by vote of electors XI 7 

of school district by loan XI 7 

meeting for contracting bonded 11 

election to contract— who vote 93 

DECISION— 

of county superintendent upon appeal 8 

of state board of education upon appeal 9 

DEFICIT— 

in union high school f imd ; 133 

241 



INDEX. 

DEPUTY— Section. 

county superintendent appoint— compensation 48 

county superintendent may be employed— compensation 49 

DIPLOMAS— 

of kindergarten teachers 147 

state to whom issued 159 

classes of— fixed by state board of examiners 160 

revoked by state board of education 161 

of state normal school grant— evidence 172 

license to teach— when annulled 173 

no fee 174 

DIRECTORS— 

of school district— number— powers IX 15 

name text books for study of alcohol and narcotics 1 

enforce law— penalty 2 

may appeal from county superintendent 9 

issue bonds— interest U 

dispose of balance of special tax 13 

may refund bonded indebtedness 20 

examine teachers in dist. first class— grant certificate- report to co. supt. 24 

furnish clothing to indigent children 26 

prosecute violation of compulsory education law 28 

failure to comply with law— penalty 28 

in districts of first and second class appoint truant oflBcer 35 

county superintendent appoint to fill vacancy 54 

board — elected annually in each district — number— classification 69 

qualifications of d. 1-5 69 

election of d. 6-9 69 

classifications of district d. 10-11 69 

witness fees not allowed d. 12 69 

secretary and treasurer, office distinct d. 13-14 69 

qualify in 20 days— oath^treasurer's bond— failure 70 

oath of d. 1-5 70 

qualify in 20 days d. 6-8 70 

vacancies how filled d. 9-11 70 

bond of d. 12-14 70 

must reside in district d. 15 70 

who may be " d. 16 70 

hold regular, special or adjourned meetings 71 

meeting place — notice d. 1-2 71 

call special meeting in district third class 72 

purpose of meeting d. 1-10 72 

notice of meeting d. 11-17 72 

who may call d. 18-19 72 

valid though not reported to county superintendent d. 20 72 

taxes when illegal d. 21 72 

vote of district d. 22 72 

two directors transact business d. 23 72 

president presides at meetings of school board 73 

president signs orders on county treasurer 73 

president appears in suit 73 

absence beyond 30 days works vacancy 73 

orders signed by president d. 1 73 

auditing bills against district d. 2-3 73 

compensation of secretary. d. 4 73 

district warrants d- 5-8 73 

suits against district d. 9-10 73 

vacancies <i- 11-19 73 

duties of secretary— bond 74 

242 



INDEX. 

DIRECTORS— Continued. Section. 

duties of secretary d. 1-3 74 

census list d. 4-5 74 

residence in district— how determined d. 7-33 74 

census of deaf and blind d. 34 74 

apportionment of fund based on census d. 35 74 

further duties of secretary— ^report 75 

secretary give notice — how d. 1-2 75 

valid though not reported to county superintendent d. 3 75 

special tax levy d. 4 75 

secretary violate bond d. 5 75 

secretary exhibits quarterly report to board 75a 

secretary keep quarterly reports and canceled orders 75b 

secretary render statement— books for inspection 76 

notice for special tax d. 1 76 

failure of secretary to report— duty of state superintendent 77 

treasurer countersign warrants— account— failure— penalty 78 

warrants— signing of d. 1-9 78 

warrants— issuance of d. 10-13 78 

auditing bills d. 14 78 

county treasurer custodian of school funds d. 15-16 78 

delinquent officers — penalties 79 

fill vacancy in boards of first-class district 80 

powers of directors 80 

power to make by-laws 80 

time filing notice d- 1 80 

rights of d- 2-4 80 

employ and discharge teachers 81 

enforce rules and regulations of state superintendent 

powers and duties 

when provide books, when free text books S: 

only secretary receives compensation 8: 

number of teachers— length of school— opening and closing 

fix course of study— exercise— text books, etc 8 

hold real estate and personal property in trust 

may purchase or sell school lots 

provide school furniture— supplies for board 

rent, repair, insure, build or remove school houses 

require teachers to conform to law 

suspend or expel pupils— exclude from school 

admit pupils from adjoining district 

make report to state superintendent 

make report to county superintendent 

fix wages, tuition, compensation of secretary 

hire teachers d- 1-29 

school furniture d. 30-33 

discharge teachers d. 34-39 

fix salary d. 40-46 

compensation allowed secretary d. 47-50 

powers of board d. 51-62 S: 

tuition d. 63-73 8 

fix course of study— special branches — admittance d. 74-94 

text books d. 95-104 

school houses— rent— repair— build, etc d. 105-134 

custodian of school property d. 135-142 

suspend or expel pupils d. 143-154 

number teachers — time d. 155-183 

furnish clothing for indigent children d. 184 

use of district funds .' d. 185-197 

special levy d. 198-201 8; 

auditing of bills ■. d. 202-204 S: 

243 



INDEX. 

DIRECTORS— Continued. Section. 

debts d. 205 81 

bonds d. 206-209 81 

residence of pupils d. 210-222 81 

general fund— use d. 223-227 81 

special fund— use d. 228-229 81 

contracts made by board d. 230-237 81 

teachers' report d. 23S 81 

board of health d. 239-240 81 

contracts made by board d. 224-231 81 

teachers' report d. 232 81 

board of health d. 233-234 81 

when changed from second to first-class district— who constitutes 83 

election of— for new district 86 

when joint district formed from first-class district 87 

uniting with lower class— who constitutes 87 

order more than one voting place in flrst-class district 92 

candidate for, in first and second-class district 93 

may purchase flag— flagstaff— pay for 103. 104, 105 

not use general fund for building or lots— exception HI 

elect high school committee— fill vacancy 121, 122 

establish district high school— powers— build or lease 128 

may establish and maintain kindergartens , 147 

not interested in contract for district 149 

designate branches to be taught in schools 153 

may admit adults and non-residents to public schools 154 

levy special tax for expense of school 186 

certify necessary levy for special fund 188 

may order levy for library 188 

not reconsider levy of special tax 189 

not employ a teacher without a certiflcate 193 

DISMISSAL- 

> of teacher, for good cause * 193 

DISPLAY— 

of American flag 103, 104 

of other than United States flag— penalty 109, 110 

DISTRICTS— 

failing to maintain a school— no funds IX 2 

organization of general provision IX 15 

restriction upon indebtedness by XI 7 

coupon bonds of, issued U 

of first and second-class call special meetings to vote on bonds U 

change in boundary line— not release property from bond tax 15 

children in first and second-class must be educated 31 

lack accommodations to seat children— compulsory education not apply 41 

county superintendent keep record of boundaries of 55 

board of directors of different classes— officers 69 

classification of 69 

special meeting of — in third-class 72 

purpose of d- 1-10 72 

notice of d. 11-17 72 

who may call d. 18-19 72 

valid though not reported to county superintendent d. 20 72 

taxes when illegal d. 21 72 

vote of district d. 22 72 

expenses of — secretary keep account of 75 

to be bodies corporate — hold property 82 

attorney fees — how paid d. 1 82 

244 



INDEX. 

DISTRICTS— Continued. Section. 

change from second to first-class board of directors 83 

legal school district 83 

first-class organized — when d. 1 S3 

legal district— what constitutes 84 

organization of— census list of new— unorganized territory 85 

how legally organized d. 1-6 85 

size of territory d. 7-9 85 

twenty children in old district d. 10 85 

organization of d. 11-19 85 

organization— optional with county superintendent d. 20-26 85 

debts, when liable for d. 27-28 85 

people vote on free text book d. 29 85 

new, how organized— election of directors— persons transferred 8G 

of first class, how divided 86 

two-third vote necessary to organize d. 1-2 86 

territory required d. 3-4 86 

number left in old district d. 5-7 86 

term of office in new district d. 8-10 86 

family transferred to another district d. 11 86 

county superintendent, discretion of d. 12 86 

failure to make annual report d. 13 86 

text books — vote of people d. 14 86 

appeal from arbitration committee d. 15 86 

two or more contiguous— how united » 87 

uniting upon petition of legal voters d. 1-9 87 

contiguous— when voted upon— notice d. 10 87 

debts of detached territory d. 11-12 87 

annulment — ground for d. 13 87 

transferring of territory d. 14-17 87 

annexed territory— census of d. 18 87 

joint, organization of 88 

territory attached or detached d. 1-3 88 

formed by dividing county d. 4 88 

elections d. 5 88 

who may vote d. 6 88 

attached to union high schools in another county d. 7 88 

secretary's bond— warrants d. 8 88 

annulled by county superintendent— when entitled to public money 89 

when new district entitled to school money 89 

funds for new 89 

school actually commenced d. 1-4 89 

failure to open school within six months d. 5 S9 

territory attached and detached d. 6-11 89 

transfer of general fund d. 12 89 

annulment of district d. 13-16 89 

when not annulled d. 17-22 89 

disposition of fund, when district annulled d. 24-25 89 

apportionment of general fund in new district formed from old 90 

when new district entitled to share of funds 90 

property and moneys of new district formed from old 90 

when can not be annulled d. 1 90 

teacher's contract <3- 2 90 

census list d. 3-4 90 

transfer of funds <3- 5 90 

take and hold real estate— amount 91 

power to condemn d. 1-2 91 

belongs to school district d. 3 91 

title obtained through individiial d. 4 91 

bTiilding on school land d. 5 91 

annual election— notice— more than one voting place dist. first-class 69, 92 

245 



INDEX. 

DISTRICTS— Continued. Section. 

candidate for director in first and second-class 93 

New section, 3 M. Rev., 1571 96 

New section, 3 M. Rev., 1571a 97 

of third-class — power of electors 98 

high school in first-class and second-class 128 

vote to build or lease building for high school 128 

having children attend union high school, support 133 

contributing to high school— election of committee 135 

maintain school three months— failure— no funds 155 

third-class, limit for special tax 188 

property in on May 1st assessed 188 

not reconsider levy of special tax 189 

DOCTRINES- 

not taught in public schools IX 8 

DUTIES— 

of truant officer 35 

of county superintendent 53 

of high school committee 124 

of union high school committee 132 

of state superintendent 181, 182, 183 

DIVISION— 

of school funds upon formation of new district — basis 90 

EDUCATION— 

provision for schools IX 2, 3 

ELECTION— 

who entitled to vote VII 1 

women entitled to vote VII 2 

no person gains or loses right in VII 4 

voters privileged from arrest while attending— except VII 5 

of county officers XIV 8 

no person entitled to vote while in prison VII 10 

of county superintendent 42 

of school directors— classes of district— ofl^cers of board— by ballot 92 

annual— notices posted— publication— ballot 92 

annual — place — time — notice d. 1-16 92 

polls open three hours d. 17-19 92 

judges of d. 20 92 

special meeting — notice d. 21 92 

tax levy re-considered — when d. 22 82 

school board not bound by action of electors— when d. 23 92 

moving building — vote d. 24 92 

judges of — who shall constitute — qualification of electors 93 

to contract debt — who vote — penalty for illegal vote 93 

qualifications of electors d. 1-7 93 

illegal when d. 8-9 93 

judge of election take oath d. 10 93 

special d. 11 93 

residence of directors d. 12-14 93 

elector not a taxpayer can vote— when d. 15-17 93 

must be a taxpayer to vote on bonds d. 18 93 

who may challenge — oath d, 19-20 93 

procuring site for school house d. 21 93 

who may be director d. 22-23 93 

candidacy when vacancy occurs d. 24 93 

counting of votes— tie— special election 94 

246 



INDEX. 

ELECTION— Continued. Section. 

none held at regular time— special called— no notice— void 94 

tie vote— special election d. 1-3 94 

power of judges d. 4 94 

contest question for courts d. 5-6 94 

county superintendent fill vacancy— when d. 7 94 

old board holds over when d. 8 94 

continued meeting— what is d. 9 94 

applies to all school elections 95 

.sections prescribing manner of conducting d. 1 95 

to vote to build or lease building for high school 128 

of union high school committee 129, 135 

of superintendent of public instruction 179 

ELECTORS— 

qualifications of VII 1 

sex no disqualification in school elections VII 1 

qualified elector only eligible to civil or military office VII 6 

determine amount of indebtedness 11 

vote for refunding bonds 23 

qualification of sex 93 

at election to contract debt 93 

qualifications of 96 

women vote — qualifications 97 

powers of— at meetings— in third-class district 98 

who may vote d. 1-3 98 

CO. supt. institute proceedings to remove dist. officer d. 4 98 

. site of school house determined by d. 5-13 98 

building of school house determined by d. 14-24 98 

taxes d. 28-30 98 

bonds d. 31-315 98 

special levy d. 37-45 98 

board right to hire teacher d. 46-47 98 

free text books— vote of people d. 48-51 98 

tuition d. 52-53 98 

to establish high school 120 

increase of high school tax 12; 

EXEMPTION— 

from taxation of what property X 5 

EMPLOYER- 

hiring children under 14 years — proof 32 

evidence of attendance or instruction minor employed : 33 

EMINENT DOMAIN— 

district may hold real estate 91 

ENABLING ACT— 

lands for schools 7 

seventy-two sections for university 10 

school lands, how sold 14 

mineral lands excepted 15 

ENDORSEMENT— 

of warrants by county treasurer 62 

ENGLISH LANGUAGE— 

taught in public schools 153 

247 



INDEX. 

EXAMINATIONS— • Section. 

of applicant appeal to state board 9 

in district of first class 24 

record by county superintendent 24 

by county superintendent— other than at county seat 99 

by deputy— compensation 99 

teachers' high school examination d. 1-4 99 

time of examination d. 5-6 99 

age of applicant d. 7-10 99 

rules governing examination d. 11-12 99 

only one set papers can be submitted d. 13-19 99 

temporary certificate not granted d. 20-23 99 

endorsing certificates d. 24-45 99 

superintendent may appoint deputy to hold d. 46-49 99 

special certificate for high school d. 50 99 

teacher not entitled to pay for time lost attending d. 51 99 

state superintendent can not excuse from d. 52 99 

failure d. 53 99 

eighth grade d. 54 99 

answers filed d. 55 99 

appeal d. 56 99 

for admission to union high schools 132 

of kindergarten teachers 147 

for state diploma 160 

for diploma of state normal school 172 

EXECUTIVE COMMITTEE— 

of normal institutes — how appointed — duties — report — transmit funds ^14S 

EXEMPTION— 

from taxation— of what property X 5 

EXPENSES— 

of trial— transportation of juvenile disorderly person— county pay 37 

of district— secretary keep account 75 

of purchasing and displaying flag 105 

of normal institute— how paid 148 

of superintendent of public instruction 183 

of school paid by special tax— when 186 

expiration of certificate during term 193 

EXPULSION— 

of pupils, by school board 81 

FACULTY— 

of state normal school, trustees appoint, remove ...167 

FAILURE— 

of county treasurer to pay over moneys collected 61 

FEF— 

applicant for teachers' certificate — pay 112 

registration, for normal institute 148 

for admission to state normal school 170 

FINANCES— 

secretary render statement of 76 

of school district — treasurer make statement 78 

248 



INDEX. 

PINES— Section. 

to comply with law on alcoholic drinks and narcotics 2 

for employing children during school hours— violation 25 

director fail to prosecute 27-28 

of employer failing to compel instruction of minor In employ 31-33 

for violation compulsory education law 39 

for failure of county superintendent to report 51 

of county treasurer to pay over tax 61 

for failure to publish call for payment of school warrants 64 

of secretary to make report 75 

of treasurer to perform duties — turn over moneys 78 

for superintendent or officer failing to perform duties 79 

collected by justice of the peace— payable to school fund 100 

county treasurer to render statement 101 

applj' to those in office 102 

for displaying other than U. S. flag 110 

for violation of school law— injunction— mandamus contempt where paid. ..115 

for being interested in contract 150 

for failure to levy school tax 1S7 

for teaching without certificate 193 

for failure to file register 194 

FLAGS— 

may be purchased— displayed— when 103 

directors to purchase and display U. S. flag d. 1 103 

each department keep flag— size 104 

expense and care of 105 

applies to all institutions 106 

injury to 107 

superintendent public instruction publish act 108 

display of— other than U. S.— exception 109 

violation 110 

FORFEITED- 

money by any district 60 

FORFEITURES— 

for violation of school law— where— county treasurer place credit 115 

for failure to maintain school 115 

FORMS— 

state superintendent print and furnish 182 

for making reports— printed with school law 182 

for reports supplied by superintendent public instruction 194 

oath of school officers No. 1 

county superintendent bond No. 2 

petition to form new district No. 3 

order directing notice of meeting to form new district No. 4 

notice of meeting for organization of new district No. 5 

bond of district treasurer or secretary No. G 

request for special meeting by ten legal voters No. 7 

notice of special meeting No. 8 

notice of annual meeting No. 9 

record of meeting for organization of new district No. 10 

record of regular or special meetings No. 11 

notification of apportionment by county superintendent No. 12 

teachers' contract No. 13 

FUNDS— 

can not be transferred to other fund IX 3 

custodian — state treasurer IX 3 

249 



INDEX. 

FUNDS— Continued. Section. 

how distributed among counties IX 3 

how invested — loss — how supplied IX 3 

of public school— interest only expended IX 3 

public school fund of the state IX 3 

of county and school district — how collected and disbursed IX 4 

of public school — from what derived IX 5 

public school fund of the state IX 5 

contribution to sectarian institutions prohibited IX 7 

of university — regent control IX 14 

making of profit forbidden public officers X 13 

embezzlement of — makes person ineligible to hold office XII 4 

floating debt— bonds for 11 

county superintendent apportion general school fund of county 57 

basis of apportionment 58 

county treasurer makes annual statement of 60 

treasurer publish statement of district 70 

apportionment of general — when — annual report and census list are filed.. 77 

of united district county treasurer transfer 87 

division of upon formation of new district 90 

to new district 90 

city treasurer pay over all moneys in school .■ 101 

general school funds not used for building purposes, etc Ill 

legal use of general fund d. 1-3 HI 

illegal use of school funds d. 4-10 111 

for what purposes special funds may be used d. 11-13 111 

two schools of 5 months in district does not meet requirement. d. 14 111 

money not turned into general fund d. 15 111 

normal institute fund • 112 

applicant for teacher's certificate pay fee 112 

fee — when not required d. 1-2 112 

fee— to whom paid ■ d. 3-4 112 

fee for duplicate certificate d. 5 112 

state normal institute fees turned into treasury 113 

apportionment of nornnal institute fund 114 

forfeiture of by district— when 115 

penal, paid to county treasurer 115 

items of 115 

duties of county treasurer in regard to d. 1-3 115 

duties of county superintendent in regard to d. 4 115 

disposition of fines d. 5-7 115 

not loaned or invested 116 

officers not loan 117 

no benefit from deposit 118 

penalty 119 

for union high school — deficit 133 

special school, for maintaining kindergartens 147 

state norm.al fund 163, 166, 167 

for state normal school, general assembly approves 177 

amount of state school 183 

apportionment of 184 

distribution 184 

FURNITURE— 

school board provide 81 

GENERAL ASSEMBLY— 

appropriate funds for state normal school 177 

GENERAL SCHOOL FUND- 
See "Fund." 

250 



INDEX. 

GERMAN- Section, 
taught in public schools— when 153 

GOVERNOR— 

issue proclamation for Arbor Day 145 

appoint trustees of state normal school 165 

GRADES— 

of certificate by county superintendent 24 

GROUND— 

bonds for purchasing- school H 

for state normal school— trustees provide 168 

GUARDIAN- 

of truant child fined— imprisoned 3S 

GYMNASTICS— 

taught in public schools— when 153 

HEARING— 

See "Appeals." 

HIGH SCHOOLS— 

county high schools 120 

in counties of fourth and fifth class— organized how 120 

site d. 1 120 

vote on petition to organize d. 2 120 

school district issue bonds d. 3 120 

certificate necessary to teach in d. 4 120 

vote by proxy to establish d. 5 120 

county high school annulled d. 6 120 

committee— how selected— officers 121 

county superintendent has vote— need not give bond d. 1-2 121 

selecting high school committee co. supt. has no vote d. 3 121 

principal no authority over county schools d. 4 121 

term of office — vacancy— how filled 122 

expiration of office d. 1-2 122 

meetings of committees 123 

twenty days notice of special meeting d. 1 123 

powers— duties— limit of tax 124 

law independent of union high school law d. 1 124 

powers of committee d. 2-8 124 

school district has power to issue bonds d. 9 124 

principal of — can not be county superintendent d. 10 124 

union high school entitled to what funds d. 11 124 

special certificate to teach in d. 12 124 

warrants not drawn till levy made d. 13 124 

county high school admission— tuition fee 125 

county high school— how supported _. .d. 1 125 

tax— commissioners levy— collected 126 

union high school entitled to what funds d. 1 126 

levy for library d. 2 126 

not exempt from levy— when d. 3 126 

increase of tax levy 127 

tax supporting county high school d. 1 127 

act of '07 amending above law Sees. 1-4 127 

high school in district first and second class 128 

organization— building— leasing 128 

district high school defined d. 1 128 

branches in third class district d. 2 128 

tuition— when required '. d. 3 128 

union high school— how established— committee of— open to whom 129 

251 



INDEX. 

HIGH SCHOOLS— Continued. Section. 

how establislied d. 1-4 129 

fund entitled to d. 5 129 

county high school law does not repeal d. 6 129 

not exempt from county high school tax d. 7 129 

liability for indebtedness ...d. 8 129 

committee — term — vacancies 130 

additional oath not necessary d. 1-2 130 

meetings 131 

powers of committee 132 

has right of body corporate d. 1 132 

powers of board not increased — when d. 2 132 

maintenance— deficit 133 

apportionment of school fund d. 1-2 133 

dist. high sch. tax does not exempt co. high sch. tax d. 3 133 

tuition not paid from district funds d. 4 133 

40 weeks — who may be admitted 134 

pupil not draw money for common and high school d. 1 134 

when tuition is required d. 2 134 

every district contributing has voice in election 135 

union high schools in county — fourth and fifth classes — organized 136 

how organized d. 1-2 136 

how supported— annual levy — building 137 

addition— outlying district 138 

no conflict 139 

school board — how constituted — election 140 

committee d. 1-3 140 

qualification to enter — course of study 141 

HIGH SCHOOL COMMITTEE— 
See "High School." 

HIGH SCHOOL FUND— 
See "Fund." 

HIGH SCHOOL TAX— 
See "Tax." 

HOLIDAYS— 

school year— month— week— day— national holidays 142 

what constitutes a legal holiday ...d. 1-S 142 

teacher entitled to salary for legal holiday d. 9-17 142 

year d. 18-19 142 

time to hold organization d. 20-21 142 

hour's intermission d. 22 142 

Arbor Day, third Friday in April 143 

how observed in schools 144 

legal holiday d. 1-2 144 

governor issues proclamation, report of county superintendent 145 

Colorado day 145 a-145 b 

Columbus day 145c 

HUMANE TREATMENT OF ANIMALS— 

to be taught in public schools 153 

HYGIENE— 

taught in public schools 153 

ILLEGAL— 

voting punished 93 

252 



INDEX. 

IMMORAL— Section, 
books, papers, etc., excluded from schools and libraries SI 

INDEBTEDNESS— 

limit of bonded ^^ 

of school district refunded— new bonds issued in payment of 20 

INDIGENT— 

parent or guardian— officer report 2° 

INSPECTION— 

secretary's books open for '° 



INSTITUTE'S— 

See "Normal Institutes." 

INSURE— 

school houses— school board may SI 

INTEREST— 

of public school fund only expended IX 3 

on school district bonds H 

on bonds— special tax levied to pay 13 

on United States and state bonds 15 

on refunding bonds— on new bonds 20 

on school warrants — when cease 6- 

rate of— on school orders and warrants— endorsement 146 

INDEBTEDNESS— 

of school districts— restrictions XI 1 

JOINT DISTRICT— 
See "Districts." 

JUDGES OF ELECTION- 

administer oath H 

in first class district 92 

president, secretary and treasurer of school board act as 93 

administer oath to challenged voter • 93 

count— declare results— transmit report 94 

JUDGMENT- 

state superintendent or county superintendent not render for money 10 

JUSTICE OP THE PEACE— 

report amount of fines collected payable to general school fund 100 

JUVENILE DISORDERLY PERSON— 

who is 34 

commitment of 37 

KINDERGARTENS— 

school board may establish and maintain— age of children 147 

part of public school system— teachers have diplomas 147 

certificates d. 1-6 147 

LAND BOARD— 

See "State Land Board." 

LAWS— 

of state issuance of school district and refunding bonds 21 



INDEX. 

LEVY— Section. 

See "Taxes." 

LIBRARIAN— 

ex-ofRcio — superintendent of public instruction IV 20 

assistant— appointment— duties— salary _ 185 

LIBRARY— 

number of volumes in and amount raised for— stated in report of board... 75 

immoral books, etc., excluded from school 81 

directors may levj' special tax for 188 

LICENSE— 

see "Certificate." 

LIMIT— 

of bonded indebtedness '. 11 

of tax certified by high school committee 124 

of taxes for county school purposes 186 

of special tax in third-class district 188 

of levy of taxes for school purposes — none 192 

LOSS— 

of any part of public school fund IX 3 

to school district by neglect of treasurer 78 

LOTS— 

general fund not used for Ill 

MAINTENANCE— 

of union high school — length of school year 133, 134 

of kindergartens— special school fund 147 

MALICIOUS PROSECUTIONS— 

under compulsory education law 29 

MAP— 

of boundaries of district— county superintendent prepare '. 55 

MEETINGS— 

for contracting bonded debt— special first and second-class districts 11 

board of directors — regular, special or adjourned 71 

special in district of third class— petition— notice 72 

of school board and district — president preside over 73 

secretary record proceedings of 74 

secretary give notice of 75 

• to vote upon free text-books 81 

for organization of new districts 86 

for uniting districts 87 

of electors in third-class district — officers 98 

of boards of directors of county 121 

of high school committee 123 

of high school committee — special 131 

of state board of education 158 

MISDEMEANOR— 

persons employing children during school hours— guilty of 25, 27 

failure to publish call for payment of school warrants 64 

superintendent or officer failing to perform duty— guilty of 79 

254 



INDEX. 

MILEAGE— Section, 
of county superintendent — county commissioners may allow— exception 46 

MONEY— 

amount of — received— expended, etc.,.lDy school board 75 

MONTH— 

school— wliat constitutes 142 

MUTES— 

See "Deaf and Blind." 

NARCOTICS— 

See "Alcoholic Drinlis and Narcotics." 

NEGOTIABILITY— 

of school district bonds 12 

NON-RESIDENTS— 

admitted to deaf and blind school ijS 

admitted to public schools— when 154 

NORMAL DISTRICTS— 

number of— boundaries 148 

NORMAL INSTITUTE FUND— 

See "State Normal Institute Fund." 

how created — how disbursed 148 

state normal institute fund 113, 114 

state divided into districts, classification of county— who conduct 148 

expenses of— how paid — registration fee 148 

appropriation by county commissioners .' 148 

number of — boundaries 148 

where held — when — conductor — instructor 148 

five per cent, credit for attendance at d. 1-7 148 

session of d. 8 148 

teacher not paid for attendance d. 9 148 

pay for services as conductor d. 10 148 

time and place of — how determined ' d. 11 148 

certificate not endorsed d. 12 148 

fee d. 13 148 

meeting of committee — by whom called d. 14 148 

attendance of county superintendent at district normal not 
compulsory d. 15 148 

NOTICE— 

by county superintendent of appeal 6 

to adverse parties upon appeal 6 

of meeting to submit subject of contracting debt— secretary give 11 

to director of violation of compulsory education law 28 

of funds to pay warrants 62 

for presentation of school order for payment 63 

of special meeting in district of third class 72 

of meetings— secretary give 75 

of meeting to organize new district from old 85 

of meeting to unite district 87 

of annual election — how and where posted 92 

publish — failure to give ' 92 

of intention to be candidate for director — publication of 93 

of special election — failure to give 94 

255 



INDEX. 

NOTICE— Continued. Section. 

of examination by county superintendent ; » 99 

of meeting- to fill vacancy in high school committtee 122 

of examination for state diploma 160 

thirty days before revocation of state diploma 16l 

to county superintendent of apportionment of state school fund 184 

OATH— 

upon appeal '. 8 

president of state board of education administer 9 

administered to challenged voter U 

of county superintendent 42 

county superintendent administer to directors, etc 52 

of directors — filed "^0 

of challenged voter 93 

of office — trustees of state normal school take 165 

of state superintendent of public instruction 180 

OFFICE— 

of county superintendent— commissioners provide 47 

kept open when 47 

OFFICER— 

of school— failing to enforce act 2 

person convicted of embezzlement, is not eligible to office XII 4 

subscribe oath to support constitution XII 8 

failing to qualify oflBce becomes vacant XII 10 

elected to fill vacancy— term expires XII 11 

no person fighting duel, etc., hold office XII 12 

duty— failing or refusing to perform 79 

not interested in public contract 149 

not deal in warrants 151 

OFFICE SUPPLIES— 

of superintendent of public instruction 183 

OFFICERS- 

certain officers file oaths of office with secretary of state XII 9 

of board of directors— term— powers 69 

of new district from portions of old 86 

of county high school committee 121 

of union high school committee 129-130 

OFFICIAL BOND— 
See "Bond." 

OMISSION— 

of county commissioner to levy school tax 187 

ORDERS— 

See "Warrants." 

ORGANIZATION— 

of board of directors in first-class district 69 

of new district from old 85-8C 

of joint district ^^ 

PARENTAL OR TRUANT SCHOOLS— 
See "Truant Schools." 

256 



INDEX. 

PETITION— Section. 

of voters to submit question of bonded debt 11 

of special meeting in district of third class 72 

for organization of new district 85 

to annex or detach territory to district 87 

to submit question of county high school— contents 120 

to commit child to truant school— contents— verification 199 



PENALTY— 

See "Pines." 



> 



PERSONAL PROPERTY— 

school board hold in trust 81 

PERSONS— 

of school age stated in report of board 75 

PLACE— 

of holding annual election 92 

of holding normal institutes 148 

POWERS— 

of truant officer 35 

of directors in district of first and second class 69 

of directors to make by-laws 80 

of election in district of third class 98 

of high school committee 124 

of directors over district high schools 128 

of union high school committee 132 

PREMIUM— 

on district bonds issued under territory 14 

PRESENTATION— 

of school orders for payment 43 

PRESIDENT— 

of directors sign bond 18 

administer oath to directors 70 

preside at meetings of school board and district 73 

sign orders on county treasurer— appear in suits 73 

of school board act as judges of election 93 

of trustees of state normal school— duties 171 

PRESIDENT OF STATE AGRICULTURAL COLLEGE— 

member of board of examiners 160 

PRESIDENT OF STATE BOARD OF EDUCATION— 

administer oaths upon appeal— render decision 9 

PRESIDENT OF STATE NORMAL SCHOOL— 

assist in fixing time and place of holding normal institutes 148 

member of state board of examiners 160 

sign report •. 178 

PRESIDENT OF STATE SCHOOL OF MINES— 

member of board of examiners 160 

PRESIDENT OF STATE UNIVERSITY— 

member of board of examiners 160" 

9 

257 



INDEX. 

PRINCIPAL- Section, 
of state normal school, member of examining board 172 

PRINTING— 

of school laws — how paid 182 

registers and blank books— how paid 182 

PROPERTY— 

annexed to district liable to bond tax 16 

of new district formed from old 90 

PUBLICATION— 

of call of payment of school warrants— failure— penalty. 64 

of statement of district funds in first-class district 70 

of notice of annual election 92 

PUBLIC CONTRACTS— 

officers not interested in 149 

directors not make contract with board d. 1-4 149 

school board let contract to husband of director d. 5 149 

penalty 150 

officer dealing- in warrants— penalty 151 

PUBLIC INDEBTEDNESS— 

restrictions concerning XI 1-2 

PUBLIC INSTITUTIONS— 

educational— supported by state VIII 1 

what are educational VIII 5 

PUBLIC MONEYS— 

embezzlement of — makes person ineligible to hold office XII 4 

PUBLIC SCHOOL INCOME FUND— 
See "Funds." 

PUBLIC SCHOOL— 

age of pupils who may attend IX 2 

at least three months school in each district IX 2 

providing for establishment and maintenance of free IX 2 

no sectarian doctrines taught in IX 8 

no distinction of race or color in IX 8 

attendance at night 30 

number of— stated in report of board 75 

school board exclude immoral books, etc., from 81 

school board fix time for opening and closing 81 

public— defined 152 

what constitutes d. 1-4 152 

summer school d. 5 152 

taught in English language — Spanish — German 153 

humane treatment to animals 153 

German when taught d. 1-2 153 

certificates— special teachers d. 3 153 

public — open to children of school age 154 

who entitled to privileges d. 1-4 154 

maintain organizations d. 5-7 154 

director's power d. S-10 154 

vaccination authorized by county board of health d. 11 154 

electors vote to erect teacher's residence d. 12 154 

term lengthened by private subscription d. 13 154 

j by private subscription d. 14-15 154 

i 258 



INDEX. 

PUBLIC SCHOOL— continued. Section. 

building where situated d. 16 154 

must be maintained ttiree montlis— failure 155 

maintain organization — entitled to fund d. 1-5 155 

held where d. 6 155 

PUNISHMENT— 

of illegal voting 93 

PUPILS- 

no distinction of — in public school IX 8 

number in school— number enrolled— attendance stated in report of board. 75 

school board require to be furnished with books 81 

suspend or expel — exclude under six years 81 

admitted from adjoining district 81 

QUALIFICATIONS— 

of electors VII 1 

of elector for any civil or military office VII 6 

religious test or qualification prohibited IX 8 

of county officers XIV 10 

to issue bonds 11 

of teachers 24-99 

of voters at school election 93 

at election to contract debt 93 

for admission to district high school 128 

for admission to union high school 132-134 

for conductor or instructor of normal institute 148 

of applicant for state diploma 159-160 

for admission of students to state normal school 169-170 

QUESTIONS— 

for examination of teachers prepared by state superintendent 24, 181 

REAL ESTATE— 

school board hold, in trust 81 

district take and hold, amount 91 

RECOMMENDATION— 

of state board examiners 160 

of state superintendent of public instruction 183 

RECORDER— 

of county register bonds 12 

RECORDS— 

of transactions of truant officers 35 

of county superintendent's office open to inspection 53 

of organization of new districts 86 

REDEMPTION— 

of bonds— manner 13-14 

of refunding bonds— of new bonds 20 

REFUNDING— 

bonded indebtedness of school district 20 

REGENTS OF UNIVERSITY— 

election— term of office— body corporate IX 12 

shall elect president— term of office — duties «.; IX 13 

shall have control of funds of university IX 14 

259 



INDEX. 

REGISTERS— Section. 

state superintendent to print and furnish 182 

teacher keep daily— file with secretary 194 

additional— kept by teacher 194 

REGISTRATION FEE— 
See "Fee." 

REGISTRY— 

of school district bonds— when— how 12 

RELIGION— 

instructions in not to be given in parental or truant school 198 

inmates of such school may receive training in 198 

RELIGIOUS SERVICE- ■ 

teachers and students not required to attend IX 8 

REMOVAL— 

of officer of teacher— when 150 

RENT— 

school houses— school board may 81 

REPAIR— 

school houses — school board may 81 

REPORT— 

See "Biennial Report." 

of certificates g-ranted by directors of first-class districts 24 

annual of county superintendent 50 

penalty for failure of county superintendent to make 51 

secretary to preserve copies of 74 

make annually — what contain 75 

of school board — annual 81 

to state superintendent 81 

of election — ^judges make and transmit 94 

of fines collected by justice of peace 100 

of county treasurer of amount of fines received 101 

county superintendent make annual of Arbor Day 145 

of trustees of state normal school contents — verification 178 

RESIDENCE- 

of an unmarried person 56 

residence defined d. 1-10 56 

children's residence— where d. 11-18 56 

minors' residence— where d. 19-22 56 

renters' — when resident d. 23-26 56 

retain residence— how d. 27 56 

non-resident — who d. 28 56 

REVOCATION— 

of certificate by county superintendent 24 

of state diploma 161 

RULES— 

of state superintendent— board enforce 81 

of meetings in third-class districts 98 

state board of education adopt 158 

260 



INDEX. 

SALARY— Section. 

of county superintendent 45 

of faculty of state normal school 167 

of assistant state librarian 1S5 

SCHOOL— 

See "Public School." 

SCHOOL AGE— 

defined • • • 156 

SCHOOL BOARDS— 
See "Directors." 

SCHOOL BUILDINGS— 
See "Buildings." 

SCHOOL CENSUS— 

secretary take annually— forward to county superintendent 74 

copy for districts of first and second class 74 

of new district 85 

basis of division of school funds in new district 90 

defined 156 

who included in d. 1-10 156 

who excluded from d. 11-12 1.56 

SCHOOL DAY— 

what constitutes 142 

SCHOOL DISTRICTS— 
See "Districts." 

SCHOOL FUND— 
See "Funds." 

SCHOOL FURNITURE'— 
See "Furniture." 

SCHOOL FOR DEAF AND BLIND— 
See "Deaf and Blind." 

SCHOOL GROUNDS— 

creating debt to purchase 93 

district may hold real estate 91 

SCHOOL HOUSES— 

number and value stated in report of board 75 

school board may rent, repair, insure, build or remove 81 

of new district formed from old 90 

site of— fixed by electors in third-class district 98 

sale of — by electors in third-class district 98 

SCHOOL LANDS— 

sections 16 and 36 are En; Act 7 

seventy-two sections for university En. Act 10 

how sold— price '• En. Act 14 

mineral lands excepted En. Act 15 

261 



INDEX. 

SCHOOL LAWS— Section. 

published by superintendent of public instruction 182 

how distributed 1^2 

SCHOOL LOTS— 

See "Directors and Electors." 

exempt from taxation X 5 

directors purchase or sell — where 81 

directors may hold— when 91 

SCHOOL MONTH— 

See "Month." 
SCHOOLS— 

See "Public Schools." 

SCHOOL YEAR— 
See "Tear." 

SEAL— 

of district attached to bonds 18 

■ of trustees of state normal school 164 

SECTARIAN INSTITUTIONS— 

appropriations to, from school fund prohibited IX 7 

SECRETARY OF HIGH SCHOOL COMMITTEE*— 

give notice of meeting 122 

SECRETARY OP SCHOOL BOARD— 
See "Secretary." 

SECRETARY— 

See "Directors" and "Elections." 

file transcript in office of county superintendent— certify it 6 

ascertain number of blind and deaf mutes 56 

preside in absence of president 73 

give bond — conditions — approval — where filed 74 

duties of 'ii, 75, 76 

failure to file report and census list 77 

school board to fix compensation 81 

give notice of annual election — failure 92 

publish or post notice of candidates for directors 93 

act of judges of election 93 

furnish ballots 93 

SECRETARY OF STATE NORMAL SCHOOL— 

sign report 178 

SECRETARY OF TRUSTEES— 

of state normal school — bond — duties 171 

SECRETARY OF STATE— 

member of state board of education 157 

SEX— 

right of suffrage to women of lawful age VII 2 

no disqualification to vote at school election 93 

SPANISH— 

taught in public schools— when 153 

262 



INDEX. 

SPECIAL BUILDING FUND— Section. 

See "Funds" and "Special Tax." 

SPECIAL SCHOOL TAX— 
See "Special Tax." 

SPECIAL TAX— 

to pay interest on bonds— cash 13 

amount of— for support of schools, etc 75 

to pay school expenses — when commissioners levy 186 

directors certify amount commissioners levy — payable in cash 188 

not reconsider levy of 189 

STATE AUDITOR— 

approve bond state superintendent of public instruction 180 

draw warrant for printing school laws 182 

draw warrant for state school funds 184 

STATE BOARD OF EDUCATION— 

who shall constitute — powers— duties IX 1 

not prescribe text books IX 16 

appeal to, from county superintendent 9 

not render judgment for money 10 

who shall constitute 157 

meeting and powers of 158 

grant diplomas 159 

experience required before taking state examination d. 1 159 

grades— how applied d. 1-2 159 

state diplomas— granted how— classes 160 

certificates from other states d. 1 160 

state diploma revoked by 161 

STATE BOARD OF EXAMINERS— 

who constitutes 160 

STATE BONDS— 
See "Bonds." 

STATE BOARD OF LAND COMMISSIONERS— 

who constitute — powers IX 9 

duties of— general assembly provide for sale IX 10 

general provisions governing 162 

STATE DIPLOMAS— 
See "Diplomas." 

STATE NORMAL INSTITUTE FUND— 

how constituted 113 

apportioned— used 114 

STATE NORMAL SCHOOL— 

established at Greeley 163 

trustees— corporate powers— seal 164 

governor appoint trustees^oath— term— supt. pub. inst. member... 165 

part of public school system— apportionment of funds 166 

powers of trustees 167 

grounds— buildings— apparatus 168 

qualifications for admission— examination 169 

open to residents of the state— other persons— fees 170 

officers of board— duties— bond ; 171 

diplomas— examination — graduation 172 

263 



INDEX. 

STATE NORMAL SCHOOL— Continued. Section. 

diploma license to teach— license annulled 173 

registration of normal school diploma d. 1 173 

no fee for diploma 174 

no fee for registration d. 1 174 

compensation of trustees 175 

board receive and hold money and property 176 

funds and revenues apportioned 177 

report of trustees— contents— verification 178 

STATE' SCHOOL FUND— 
See "Funds." 

STATE SUPERINTENDENT OP PUBLIC INSTRUCTION— 
See "Superintendent of Public Instruction." 

STATE UNIVERSITY- 

regents of— terms IX 12 

president of— ex-ofHcio member of— duties IX 13 

duties of board of regents IX 14 

STUDENT— 

qualifications for admission to state normal school 169 

sign statement to teach in public schools 170 

STUDY- 

See "Course of Study." 

of alcoholic drinks and narcotics 1 

course of, in state normal school 167 

SUFFRAGE- 

See "Election." 

eligibility to office VII 4 

SUITS— 

to recover fines, penalties and forfeitures 115 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

executive department consist of whom IV 1 

when chosen : . IV 3 

who eligible IV 4 

vacancy how filled IV 8 

ex-oflficio state librarian IV 20 

president of state board of education IX 1 

member of state board of land commissioners IX 9 

take oath to support constitution XII 8 

direct apportionment of general fund — when 77 

publish fiag act with school law 108 

pay examination fees to state treasurer 113 

apportion state normal institute fund 114 

promote observance of Arbor Day 145 

certify to state auditor number of persons attending normal institute 148 

assist in fixing time and place of holding normal institute 148 

president state board of education 157 

president state board of examiners 160 

member board of trustees state normal school 165 

fix bond for secretary state normal school 171 

member of examining board of state normal school 172 

may annul license to teach 173 

when elected— term 179 

oath and bond 180 

264 



INDEX. 

SUPERINTENDENT OF PUBLIC INSTRUCTION— Continued. Section. 

office — duties — powers 181 

no right to compel county superintendent to grant petition — d. 1 181 

take no part in organizing district d. 2 181 

furnish registers and blanlv books 182 

approve bills for printing school laws 182 

certify to state treasurer for blanks 182 

publish school laws 182 

supervision of county superintendent and public schools 182 

no power to remove members of district board d. 2 182 

powers in regard to certificates d. 3-12 182 

biennial report— visits— expenses 183 

governor may require information of 183 

apportionment of school fund — certify 184 

two apportionments by d. 1 184 

assistant librarian— salary 185 

SUSPENSION— 

of pupils by school board 81 

TAX— 

See "Special Tax." 

to pay principal of bonds— inter est 13 

amount of— fixed by electors in third-class district 98 

limit of amount of — certified to county commissioners 124 

limit of levy for high school— collection— paid out 126 

levy for high school increased 127 

no increase beyond legal rate to provide for truant school 196 

TAXATION— 

what property exempt X 5 

no limit of rate for school purposes 192 

TAXES— 

to pay bonds— commissioners levy 22 

county treasurer certify amount collected and uncollected 61 

county commxissioners levy county school— basis— limit 186 

county school, paid in cash 1S6 

apportionment of 2 mill levy d. 1 186 

duties of county commissioners in regard to levy d. 2-4 186 

legal custodian d- 5 186 

special fund— how used d. 6-9 186 

funds of first-class districts d. 10 186 

commissioners no authority to change levies— when certified.. d. 11 186 

tax not voted— commissioners levy when d. 12 186 

directors not exercise powers of electors d. 13 186 

new levy in consolidation— when d. 14 186 

warrants drawn— when d. 15 186 

special tax — when voted d. 16-17 186 

county clerk must levy— officers failing— forfeitures 187 

for library— special school fund 188 

certify special 15-mill limit d. 1-7 188 

school fund not used for singing school d. 8 188 

levy for libraries d. 9-10 188 

constitutional prohibition d. 11 188 

special levy in first and second-class districts d. 12 188 

special taxes collected on range stock— when d. 13 188 

can not change school tax of resident d. 14 188 

new levy upon consolidation d. 15 188 

when warrants drawn .' d. 16 188 

basis of estimating maximum of bonds d. 17 188 

265 



INDEX. 

TAXES— Continued. Section. 

levy not to be reconsidered 189 

levy can not be changed d. 1-7 189 

county classified for limiting tax levy 190 

classification of counties 191 

limit of levy 192 

TEACHERS— 

number employed stated in report of board— amount paid 75 

school board determine number 81 

board require to conform to law 81 

employed and discharged by school board 81 

examination of 99 

pay examination fee 112 

of kindergarten— have diplomas 147 

examination of, for state diploma 159 

granted state diplomas 159-160 

must have license— expiration— proviso 193 

dismissal of— for cause only 193 

license of — qualifications d. 1-6 193 

contracts of d. 7-25 193 

no compensation without license d. 26-30 193 

salary d. 31-50 193 

employment of d. 51:57 193 

special subjects required of d. 58-63 193 

dismissal of d. 64-73 193 

■ certificate, expiration of d. 74-76 193 

certificate, endorsement of d. 77 193 

authority over pupils d. 78 193 

pupils, admittance to grade , d. 79 193 

janitor work not required of d. 80 193 

married women may teach d. 81 193 

relatives of directors may teach d. 82-83 193 

husband and wife teach in same school d; 84 193 

teacher keep register— statistics— blanks .-.194 

notify county superintendent of beginning and close of term 194 

reports — forfeiture of salary upon failure d. 1-4 194 

jurisdiction of d. 5-12 194 

duties of d. 13-16 194 

special teacher d. 17 194 

directors power over pupil and teacher d. 18 194 

dismissal of d. 19 194 

physician's certificate not required of d. 20 194 

no appeal on unaccepted papers from another county d. 21 194 

TEACHERS' NORMAL INSTITUTES— 
See "Normal Institutes." 

TERM— 

of office of county superintendent 42 

of office of school directors and oflacers 69 

of office of directors appointed first-class districts 80 

of school fixed by school board 81 

of office of directors in new district 86 

of office of high school committee 122 

of office of union high school committee 130 

of school year of union high school 134 

of office of trustees of state normal school 165 

of office of superintendent public instruction 179 

TERRITORY— 

annexed to or detached from district 87 

266 



INDEX. 

TESTIMONY— Section. 

taken upon appeal from directors 8 

none taken upon appeal from county superintendent 9 

TEXT BOOKS— 

prohibition in regard to IX 16 

when furnished free SI 

school board designate kind— not change — exception SI 

TIE— 

vote at regular election 94 

TIME— 

of holding institutes 148 

TRANSCRIPT— 

of record upon appeal to county superintendent 6 

of proceedings before county superintendent 9 

TREASURER OF SCHOOL BOARD— 

of school district advertise— pay district bonds 13 

purchase territorial bonds— premium 14 

invest funds in United States bonds— record 14 

collect interest coupons — turn over proceeds 15 

failure to publish call for school warrants— misdemeanor 64 

give bond— publish statement of district funds in first-class district 70 

countersign and keep account of warrants 78 

take charge of moneys — pay same out 78 

render statement— failure to perform duties 78 

act as judge of election 93 

TRUANT— 

habitual to be brought before county court 199 

committed to parental or truant school — appeal 200 

expense of, how paid 201 

TRUANT OFFICER— 

directors in first and second-class districts appoint 35-36 

compensation — powers — duties — record 35-36 

make complaint to county court 36 

report indigent parents or guardian 38 

duty under parental or truant school act 199 

TRUANT SCHOOLS— 

no religious test IX 8 

parent of truant child fined- imprisoned 36 

to be established when— where 195 

building— site — location— no increase of levy 196 

duty of board of education to furnish— of city where established 196 

powers and duties of officers- course of instruction — teachers 197 

no religious instructions in— regulation 198 

directors determine use of Bible in school d. 1-2 198 

child committed to— by county court on petition 199 

parent notified of proceedings to commit to 199 

hearing— commitment— notice to parent 200 

parent or guardian pay maintenance 201 

board of education make rules for parole 202 

discharge — re-committment— monthly report -03 

violation of parole— re-committed 204 

incorrigible child committed to juvenile reformatory 205 

established in cities over 25,000, under 100,000 206 

267 



INDEX. 

TRUSTEES— Section. 

of state normal school — number — powers 164 

governor appoint — term of office — oath 165 

superintendent of public instruction— member 165 

appoint faculty — powers 166 

provide grounds — buildings — apparatus, etc 167 

prescribe qualifications of students 168 

elect president — bond of secretary 170 

compensation of 174 

receive and hold money 175 

report of 178 

TUITION— 

school board determine rate for non-residents Si 

TUITION FEE— 

not exacted from resident of county for high school 125 

UNION HIGH SCHOOL— 
See "High School." 

UNITED STATES BOND— 
See "Bonds." 

VACANCY— 

in office of county superintendent — how filled 45 

of school directors — how filled 54 

of school director 70 

in board of directors — absence may work 73 

in boards of first-class districts 80 

in judges of election— how filled 93 

in high school committee— how filled 122 

of union high school committee— how filled 130 

VIOLATION— 

of compulsory education law— penalty 39 

VISITS— 

of superintendent of public instruction 183 

VOTE— 

of elector rejected— when 93 

VOTER— 

See "Electors." 

upon issuance of bonds— challenge 11 

two may give notice of annual election — 92 

WAGES— 

school board fix amount of and pay ^ 81 

WARRANTS— 

endorsed by county treasurer— listed— draw interest— paid 62 

in excess of tax levy unlawful 62 

county treasurer pay in order of registration— notice to present 63 

failure of county treasurer to publish call for payment of 64 

upon county treasurer— president sign— drawn to person indebted 73 

secretary draw and countersign 74 

268 



INDEX. 

WARRANTS— Continued. Section. 

secretary draw and countersign— keep register of 74 

treasurer countersign and keep account of 78 

not drawn for payment of delinquent officer 79 

rate of school interest— endorsed thereon 146 

officer not deal in .' 149 

TEAR— 

school— begin— end 142 



269 



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